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RAMESH SINHA, ARVIND KUMAR VERMA
Pundas Banjare S/o Shri Bhoko Banjare – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Arvind Kumar Verma, J
Heard.
1. These criminal appeals preferred under Section 374(2) of the Cr.P.C are against impugned judgment of conviction and order of sentence dated 14/11/2022 passed in Sessions Trial No. 70/2021 by the Additional Sessions Judge, (FTC), Bilaspur (C.G.), whereby the appellants have been convicted under Section 376(D) of the IPC and sentenced to undergo life imprisonment (till his life) with fine of Rs. 10,000/- each, in default of payment to further undergo additional rigorous imprisonment of 04 months each.
2. Case of the prosecution in brief is that on 16/09/2019 the prosecutrix, aged about 24 years lodged the First Information Report (Ex.P/6) alleging therein that prior to 15-20 days, someone was constantly calling her over mobile from mobile no. 9131051174 telling his name as Manmohan Banjare and he was forcing her to meet. On 15/09/2019, the said person, after making call twice or thrice, asked the prosecutrix to meet near Bilha turning, Hirri, on which, at about 04:00 pm, she went to Bilha turning, where appellant- Manmohan along with his five friends came in a Bolero vehicle. Subsequently, Manmohan Banjare forcibly dragged her into the Bolero ve
The sole testimony of the prosecutrix, if credible and reliable, can lead to conviction without corroboration, and legal presumptions regarding lack of consent in rape cases play a crucial role in es....
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 court established that in cases of sexual assault, the victim's testimony must be corroborated by credible evidence, and any significant contradictions or lack of medical evidence can lead to the....
Hon’ble Supreme Court has held that in the cases where there are serious doubts regarding the sexual intercourse, the benefit of doubt has been provided upon the accused.
Offence of the accused is established beyond reasonable doubt on the basis of legal evidence and material on the record, he cannot be convicted for an offence. There is an initial presumption of inno....
Point of Law : Offence of the accused is established beyond reasonable doubt on the basis of legal evidence and material on the record, he cannot be convicted for an offence. There is an initial pres....
The main legal point established in the judgment is the importance of corroborative evidence in rape cases and the principle that serious infirmities and inconsistencies in the evidence of the prosec....
The evidence of the prosecutrix in a rape case does not require corroboration and should be appreciated in the background of the entire case. The court must be sensitive and considerate in dealing wi....
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