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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Pravakar Sardar – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Ananya Bandyopadhyay, J.
1. This appeal is preferred against the judgment and order dated 12.02.1996 passed by the Learned Additional Sessions Judge, 1st Court, Bankura in Sessions Trial No.6(6)1993 arising out of Sessions Case No.1(12)1992 convicting the appellant under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.2,000/- in default to suffer rigorous imprisonment for 1 year.
2. The prosecution case precisely stated that the victim girl returning from Calcutta by bus on 13.09.91 to her village Gopalpur and alighted at Kotulpur, and proceeded towards her village at Gopalpur. She went to the Tea-stall of one Jatai Koley and inquired for her co-villager of Gopalpur to accompany her being intimidated to advance alone. One Nepal Sardar and Manohar Sardar of Gopalpur advised her to be escorted by the appellant and eventually both moved ahead together. On the way, the appellant assaulted her and snatched away certain ornaments and wrist watch. Thereafter, the appellant committed rape on her and thereafter, the victim girl informed the incident to her brother and local people, resulting the filing of th
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 main legal point established in the judgment is the reliance on the consistency and reliability of the victim's testimony, the absence of prevarication, and the corroboration of evidence to estab....
The main legal point established in the judgment is the requirement for credible and unimpeachable testimony, as well as the need for corroboration in cases of sexual assault.
The sole testimony of a victim in a rape case may suffice for conviction if deemed credible, despite inconsistencies and lack of corroborative evidence.
Conviction for sexual offences can be based solely on the victim's credible testimony, without corroboration, if the evidence is clear and consistent; defendants must prove material inconsistencies f....
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