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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Swapan Modak – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. conviction details and timelines. (Para 1 , 2 , 3) |
| 2. arguments pertaining to delay and evidence. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court analysis of evidence and witness credibility. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. prosecution's failure to prove beyond reasonable doubt. (Para 21) |
| 5. conclusion and order of appeal. (Para 22 , 23 , 24 , 25) |
Judgement :
CHAITALI CHATTERJEE DAS, J.
1. This criminal appeal is filed by the applicant challenging an order of conviction passed on September 17, 2014, by the learned Additional Session Judge, 3rd Court, Nadia, Krishna Nagar in Sessions Trial Number VII (April) 2014 arising out of sessions case no. 8(4) 2014, convicting the appellant under section 354/323 of the INDIAN PENAL CODE and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs 5000 in default to suffer rigorous imprisonment for 6 months for the offence punishable under section 354 of the INDIAN PENAL CODE and to suffer, regardless imprisonment for one year and to pay fine of Rs 1000 in default to suffer further R.I for two months for the offence punishable under section 323 of INDIAN PENAL CODE and that the
The prosecution failed to prove the charges beyond a reasonable doubt, leading to the conviction's reversal.
The victim's testimony, while pivotal, requires corroboration and must inspire confidence for a conviction in cases of sexual assault, particularly amidst family disputes.
The court affirmed conviction under Sections 448 and 323 of IPC, citing insufficient evidence for rape charge under Section 376, emphasizing the need for corroborative evidence.
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
The reliability of victim testimony and the presumption of absence of consent in rape cases are crucial legal principles established in the judgment.
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