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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Tasirul Islam – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Rajasekhar Mantha, J.
1. The subject appeals are directed against the judgment of conviction dated 3rd December 2015 and order of sentence dated 4th December 2015, passed by the learned Additional Sessions Judge, F.T.C. Court No. 1 at Islampur, Uttar Dinajpur in Sessions Trial No. 11/2014 arising out of the Sessions Case No. 143 of 2013. The appellants in the four appeals were convicted under Sections 363 /366/376(2)(g)/34 of the Indian Penal Code.
THE PROSECUTION CASE:
2. On 20th April, 2012, the victim girl “X” was going to her school around noon time, to fetch her results of the 11th standard examination. She first, by bicycle, reached her friend’s house, Sikha Pal, (PW-11), to change into her school uniform. She thereafter boarded a rickshaw.
3. On the wayrickshaw van, was followed by four persons, namely, Jahidul Rehman, Md. Batul, Naimul Hoque and Tasirul Islam on two motor cycles. They were preceded by a Maruti van, driven by Mumtaj Hussain. There were four other masked persons in the Maruti van.
4. The rickshaw vanpuller initially picked up speed noticing the chase. He however gradually slowed down as the Maruti Van, followed by the said two motorcycles sped to overta
Conviction for gang rape can be upheld solely based on the victim's reliable testimony, corroborated by medical evidence, regardless of inconsistencies or lack of immediate identification of the accu....
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....
The court upheld the conviction of both appellants for gang rape, affirming that witness credibility and minor inconsistencies do not undermine the prosecution's case.
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
The main legal point established in the judgment is the requirement for corroborative evidence in cases of sexual offences, the admissibility of victim's statements recorded under Section 164 of the ....
Victim's testimony is crucial in sexual assault cases; it can alone substantiate conviction when credible, supported by medical evidence and witness accounts, despite minor inconsistencies.
The reliability of victim testimony and the presumption of absence of consent in rape cases are crucial legal principles established in the judgment.
In cases of sexual assault, the victim's testimony can be the sole basis for conviction, underscoring the absence of consent as pivotal in determining guilt.
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