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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
X – Appellant
Versus
State Of Chhattisgarh Through Police Of Police Station Bortalab, District Rajnandgaon Chhattisgarh – Respondent
Judgment :
(Ramesh Sinha, CJ.)
1. This criminal appeal arises out of the judgment of conviction and order of sentence dated 11.10.2021 passed by the Additional Sessions Judge, Dongargarh, District Rajnandgaon in Special Criminal Case No.04/2019, whereby the appellant has been convicted for offence under Section 376(3) of the IPC and sentenced to undergo rigorous imprisonment for life till natural death and fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment for one month.
2. The prosecution story, in brief, is that complainant Jyoti Gupta who is working as a member in NGO of Railway Child Help Line, Raipur, submitted a written complaint (Ex.P-13) to the Station House Officer, Police Station Mana Camp, Raipur that the victim (PW-6) (name and village omitted) is a resident of Police Station Dongargarh. The girl was physically abused by the father of the victim on 19.02.2019, due to which the girl came to Raipur from her home, who was received by Railway Child Line, Raipur from Railway Station Raipur in a guardianless condition. The girl was counseled and presented before the Child Welfare Committee on 01.03.2019, in which an order was received from t
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.
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 testimony of a sexual assault victim is critical and can be relied upon without corroboration, emphasizing the need for sensitivity in judicial evaluations of such cases.
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....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
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 sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
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 sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
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