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RAJANI DUBEY, SANJAY KUMAR JAISWAL
Gopal Krishna Rajwade S/o Bagar Sai Rajwade – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Per Rajani Dubey, J
Challenge in this appeal is to the legality and validity of the judgment of conviction and order of sentence dated 27-02-2020 passed by learned Additional Sessions Judge, Pratappur, Distt. Surajpur in ST No.15/2019, whereby the appellant stands convicted and sentenced as under:
| Conviction | Sentence |
| Under Section 450 of IPC. | RI for 10 years, pay a of Rs.5,000/- and in default thereof to suffer additional RI for 06 months. |
| Under Section 376(1) of IPC. | Life imprisonment, pay a of Rs.25,000/- and in default thereof to suffer additional RI for 01 year. |
Both the sentences were directed to run concurrently.
2. Case of the prosecution, in brief, is that on 17.10.2019 husband of the prosecutrix (PW-7) had gone to Ambikapur in connection with his work and while she along with her two minor children was asleep at her home, at around 10.30 pm she woke up hearing the sound of knock at the door. When she opened the door, she saw the appellant, who was resident of her maternal village-Podi, standing there and he forcibly entered her home and committed rape upon her. However, hearing the hue and cry raised by the prosecutrix, th
The evidence of a prosecutrix must be credible and consistent for a conviction in rape cases; contradictions and lack of supporting evidence can lead to acquittal.
Credible testimony of the victim can support a conviction if it is reliable, yet inconsistencies and lack of corroboration undermine allegations of sexual assault, leading to acquittal.
For a conviction in a rape case based solely on the testimony of the prosecutrix, such evidence must be corroborated, consistent, and of 'sterling quality'; absence of medical evidence and inconsiste....
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corrobor....
Point of Law : The chastity of a woman ruined as soon as such offence is committed, while in a civilized society, respect or reputation is a basic right. No member of society can afford to conceive t....
The conviction for rape can stand on the sole testimony of the victim if it inspires confidence, despite deficiencies in the investigation process.
Conviction for rape requires corroboration of the victim's testimony, especially when medical evidence contradicts the claims, highlighting the need for strict proof in serious charges.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
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