Back
HIGH COURT OF CHHATTISGARH, BILASPUR
Rajani Dubey
Bhola Yadav, S/o Sogarsai Yadav – Appellant
Versus
State Of Chhattisgarh – Respondent
Judgment :
(Rajani Dubey, J.)
1. Since the aforesaid criminal appeals arise out of the same judgment of conviction and order of sentence, they are being heard together and decided by this common judgment.
2. There are two victims/prosecutrix in the case and they are referred herein as Prosecutrix (P-1) and Prosecutrix (P-2).
3. The aforesaid appeals are directed against the impugned judgment of conviction and order of sentence dated 11.08.2004 passed by learned Special Judge, Ambikapur at Surguja (C.G.), in Special Sessions Trial No.50/2003 whereby and whereunder, the appellants have been held guilty for commission of offence and sentenced them as described below.
| Conviction | Sentence |
| Under Sections 376(2) (g) of IPC. | R.I. for 10 years and fine of Rs.200/- each, in default of payment of fine to undergo additional R.I. for 01 month. |
4. The prosecution story, in brief, is that prosecutrix (P-1) had come from village Devri to her sister prosecutrix (P-2) at village Sara and after staying for about one week at village Sara, on 29.12.2002, she (P-1) along with her sister (P-2) left for village Devri. The prosecutrix (P-1 and P-2) were travelling in passenger vehicle Jeep from Amarpur at around
The prosecution failed to prove the case beyond reasonable doubt due to unexplained delay in FIR and contradictions in testimonies, leading to the acquittal of the accused.
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....
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
In cases of sexual assault, delay in lodging FIR is not fatal if explained, especially when considering societal attitudes toward victims.
The prosecution must prove an accused's guilt beyond reasonable doubt, and significant delays or contradictions in testimonies can undermine a conviction.
The main legal point established in the judgment is the requirement for reliable and corroborated testimony, along with the importance of medical evidence and the need to explain delays in lodging FI....
The credibility of prosecutrix's testimony is sufficient for conviction without requiring independent corroboration when circumstances support her claims.
In rape cases, the credibility of the prosecutrix's testimony is paramount, and delay in filing an F.I.R. may not be fatal under particular circumstances.
The conviction for rape based solely on the prosecutrix's testimony is unsustainable without corroborative evidence, especially when inconsistencies and delays in reporting raise doubts.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
