RAMESH SINHA, RAJANI DUBEY
Nandlal Kujur S/o Kunwar Sai Kujur – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. Since the aforesaid three criminal appeals have been filed against the impugned judgment dated 30.06.2023 passed by the Special Judge (under Protection of Children from Sexual Offences Act 2012), Link Court of Kunkuri, Pathalgaon, District Jashpur in Special Criminal Case No.05/2021, they were clubbed & heard together and are being disposed of by this common judgment.
2. The appellants have filed these three criminal appeals under Section 374(2) of the CrPC questioning the impugned dated 30.06.2023 passed by the Special Judge (under Protection of Children from Sexual Offences Act 2012), Link Court of Kunkuri, Pathalgaon, District Jashpur in Special Criminal Case No.05/2021, by which they have been convicted for offences under Sections 506 Part II, 394/34 and 376D of the IPC and sentenced to undergo RI for five years and fine of Rs.1000/-, in default of payment of fine to further undergo SI for six months, RI for ten years and fine of Rs.2000/-, in default of payment of fine to further undergo SI for two years and RI for twenty years and fine of Rs.5000/-, in default of payment of fine to further undergo SI for five months.
3. The case of the prosecution,
Rameshwar v. The State of Rajasthan (AIR 1952 SC 54)
The judgment establishes the principle that in sexual assault cases, the testimony of the victim can be relied upon without corroboration, and societal challenges faced by victims should be considere....
The victim's testimony in sexual assault cases should be weighed on reliability rather than strict corroboration, reflecting the trauma and context of the crime.
The testimony of a victim in sexual assault cases is credible and does not require corroboration for conviction, emphasizing the need for sensitivity in evaluating such evidence.
The victim's testimony in sexual assault cases is entitled to great weight, and corroboration is not essential for conviction. The court must be sensitive and careful in evaluating the evidence, and ....
The main legal point established in the judgment is that the testimony of the prosecutrix, if found to be trustworthy and reliable, requires no corroboration. The court may convict the accused on the....
The main legal point established is that the testimony of the victim/prosecutrix can be the sole basis for conviction in cases of sexual assault, without the need for corroboration, if found trustwor....
Victim's testimony in sexual assault cases carries significant weight; corroboration is not necessary unless warranted by circumstances, reinforcing the need for sensitivity in judicial proceedings i....
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.
The testimony of a victim of sexual assault is credible and does not require corroboration for conviction, emphasizing the need for sensitivity in evaluating such cases.
The consent of a minor girl in case of sexual intercourse is immaterial and amounts to rape.
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