Back
IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Bhaktaranjan Mahato – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Ananya Bandyopadhyay, J.
1. This appeal is directed against the judgment and order dated 31.05.2008 passed by the Learned Additional Sessions Judge, Fast Track Court No.3, Purulia in S.C.No.7 of 2008 / S.T.No.14 of 2008, thereby convicted the appellant under Section 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.5,000/-, in default, to suffer further rigorous imprisonment for 1 year.
2. The case of the prosecution, inter alia, was that on 31.10.2007 at about 17:45 hrs., PW-1 the complainant lodged a written complaint with the Kenda Police Station alleging that the present appellant used to violate her since last six months and when the matter came to light, the appellant assured to marry her. On 19.10.2007 in the evening, the appellant committed rape upon her against her will and thereafter the appellant refused to marry her.
3. Accordingly, Kenda Police Station started Kenda P.S. Case No.44/07 dated 31.10.2007 under Section 376 of the Indian Penal Code.
4. After completion of investigation, PW-15 Vijay Bhonsle submitted charge-sheet under Section 376 of the Indian Penal Code before the Learned Chief Judicial
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
