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SANJAY K. AGRAWAL, SANJAY S. AGRAWAL
Devkaran S/o Shri Santuram Ratre – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
SANJAY K. AGRAWAL, J.
1. Since these two criminal appeals have arisen out of the same judgment dated 6.2.2016 passed by First Additional Sessions Judge, District Balod in Sessions Trial No. 2300078/2015 and the question of law and fact also being similar in these two appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.
2. The sole appellant in Criminal Appeal No. 270/2016 namely Devkaran (A-2) so also the sole appellant in Criminal Appeal No. 1603/2017 namely Arjun Halba (A-1) both have preferred these two appeals, under Section 374 (2) of Cr.P.C. calling in question the validity, legality and correctness of the impugned judgment dated 6.2.2016 whereby both of them have been convicted for the offence punishable under Section 376(2)(g) of IPC and sentenced to undergo Life Imprisonment to pay fine of Rs.1000/- each and in default whereof, to undergo additional rigorous imprisonment for one month each.
3. Case of the prosecution, in nutshell, is that on 6.7.2015 at about 8:15 p.m. at village Sambalpur under Police Station Daundilohara, District Balod, in the field near the shrine of Bharat Pujari, the two appellants herein
The main legal point established in the judgment is the requirement to prove the guilt of the accused beyond reasonable doubt before a conviction can be made.
The reliability of victim testimony and the presumption of absence of consent in rape cases are crucial legal principles established in the judgment.
The importance of reliable and consistent evidence, the need for corroboration of the victim's testimony, and the requirement for scientific examination of evidence in cases of sexual assault.
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....
The main legal point established in the judgment is the significance of the victim's testimony, the lack of necessity for corroboration in rape cases, and the importance of identifying the accused in....
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 prosecution must prove guilt beyond reasonable doubt; insufficient evidence led to the acquittal of two appellants in a gang rape case.
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