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JOYMALYA BAGCHI, GAURANG KANTH
Serajul Hoque – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
JOYMALYA BAGCHI, J.
1. Appeal is directed against judgment and order dated 04.07.2023 passed by the learned Additional Sessions Judge, 1st Court, Malda in Sessions Case No. 324 of 2013 (Sessions Trial No. 20 of 2014) convicting the appellants for commission of offence punishable under Sections 341/354/506/376(2)(g) of the Indian Penal Code and sentencing them to suffer simple imprisonment for one month and to pay a fine of Rs.500/- each, in default, to suffer simple imprisonment for ten days more for the offence punishable under Section 341 of the Indian Penal Code, to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/- each, in default, to suffer rigorous imprisonment for two months more for the offence punishable under Section 506 of the Indian Penal Code, to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/- each, in default, to suffer rigorous imprisonment for two months more for the offence punishable under Section 354 of the Indian Penal Code and to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- in default, to suffer rigorous imprisonment for one year more for the offence punishable under Sec
The court upheld the conviction for gang rape based on the victim's consistent testimony and corroboration by witnesses, despite procedural issues regarding identification.
The main legal point established is the reliance on victim testimony and medical evidence to convict the appellant for the offence of rape under Section 376 of the Indian Penal Code, considering the ....
The court emphasized that a conviction based on a victim's testimony must be credible and free from contradictions, and the prosecution must prove its case beyond reasonable doubt.
Credible testimony of the victim in sexual assault cases can suffice for conviction even without corroborating medical evidence, particularly in gang rape situations where evidence may be challenging....
Rape – Conviction and sentence – Although absence of injuries or non-rupture of hymen is not a sine qua non to prove offence of rape, where victim herself states that appellant attempted to rape her ....
The judgment established that evidence of penetration, even of the slightest degree, is necessary to establish the offence of rape under Section 376(2)(f) of the Indian Penal Code.
Corroboration of the victim's testimony by other witnesses and the interpretation of medical evidence in cases of minor rape are crucial in establishing guilt.
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