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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Swapan Modak – Appellant
Versus
State of West Bengal – Respondent
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 sentences shall run concurrently.
2. The prosecution case in a nutshell is that on July 25, 2012 at about 20.00 hours, the accused person tried to commit rape upon the victim in the house of the victim at village, Subarna Bihar, Modak Para, under Police Station Kotwali, District, Nadia and the complaint was lodged on 28th July, 2012 by the victim herself against the present petitione
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.
The sufficiency of solitary evidence in cases of sexual offences and the requirement for consistency and trustworthiness in such testimony.
The court emphasized that prosecution must prove guilt beyond a reasonable doubt, and inconsistencies in testimonies and lack of medical evidence prohibited sustaining the conviction.
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