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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY KUMAR JAISWAL
Suresh Koushik S/o Ramjilal Koushik – Appellant
Versus
State of Chhattisgarh, through Police Station Sahashpur Lohara – Respondent
JUDGMENT :
Sanjay Kumar Jaiswal, J.
1. The present appeal arises out of the impugned judgment of conviction and order of sentence dated 31.01.2003 passed by the Additional Sessions Judge (FTC), Kawardha (C.G.) in Sessions Trial No.163 of 2001 whereby, the learned Additional Sessions Judge convicted the appellant and sentenced him as under :-
| Conviction | Sentence |
| Under Section 376 (1) of Indian Penal Code, 1860 | R.I. for 10 years and fine of Rs.5,000/-, in default of payment of fine amount, additional R.I. for 1 year. |
| Under Section 450 of Indian Penal Code, 1860 | R.I. for 10 years and fine of Rs.5,000/-, in default of payment of fine amount, additional R.I. for 1 year. |
| Both the sentences were directed to run concurrently. | |
2. The prosecution story, in brief, is that, prosecutrix (PW-5) was aged about 15 years and resident of village Singhanpuri. Prior to 15-16 days of 28.10.2001, prosecutrix and her younger brother, namely, Netram was present in their house. At about 11.00 AM, prosecutrix was making food, at that relevant time, appellant came to their house and talked with Netram. About half an hour appellant talked with Netram, thereafter, Netram went to his room for sleep. Appellant locked his
The conviction for rape and trespass was upheld based on credible witness testimony, and the sentence was reduced considering the time elapsed since the crime.
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
The prosecution's case can stand on the testimony of the victim alone, supported by corroboration, despite minor contradictions. Delays in reporting aren't fatal if reasonably explained.
In cases of sexual assault, delay in lodging FIR is not fatal if explained, especially when considering societal attitudes toward victims.
Testimony of minor victim can be the basis for conviction despite medical evidence not supporting the claim.
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
The judgment emphasizes the importance of protecting the rights and dignity of victims of sexual offenses, highlighting the credibility of the prosecutrix's testimony and the significance of medical ....
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.
The credibility of prosecutrix's testimony is sufficient for conviction without requiring independent corroboration when circumstances support her claims.
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