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SANJAY K. AGRAWAL, SANJAY KUMAR JAISWAL
Rajendra Kumar Nishad, S/o Surit Ram Nishad – Appellant
Versus
State of Chhattisgarh through Aarakshi Kendra SC/ST Center, (AZAK) District Raigarh (C. G. ). – Respondent
JUDGMENT :
Sanjay Kumar Jaiswal, J.
1. This criminal appeal filed by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) is directed against the impugned judgment of conviction and order of sentence dated 22.08.2015 passed by the Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, District Raigarh, Chhattisgarh in Special Case No.40 of 2014, whereby the appellants have been convicted and sentenced as under :-
Conviction Sentence
Under Section 376D of Indian Penal Code, 1860 and Section 6 of Protection of Children from Sexual Offences, Act, 2012 : Imprisonment for life (which shall mean imprisonment for the remainder of the appellants’ natural life) and fine of Rs.10,000/- to each of the appellants, in default of payment of fine, additional rigorous imprisonment for 3-3 months to each of the appellants.
2. Under the impugned judgment in question, appellants were acquitted by the trial Court for the offence punishable under Sections 323/34, 506B of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) as well as Section 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention
The evidence of a victim of sexual assault stands almost at par with the evidence of an injured witness and is entitled to great weight. The delay in the test identification parade was not fatal to t....
The TIP conducted by the prosecution must be in accordance with the law, and the recovery of evidence must be of substantial value to establish guilt beyond reasonable doubt.
The importance of victim testimony, identification of accused, and the relevance of Test Identification Parade in criminal cases.
The prosecution failed to establish the appellants' guilt beyond a reasonable doubt due to inconsistencies in witness testimonies and procedural irregularities in identification parades.
Point of Law : Test identification report do not constitute substantive evidence and its corroboration from the surrounding circumstance is required.
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