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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY
Ram Khilavan S/o Kodu Shikari – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. conviction and incident details. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments related to appeal and credibility. (Para 7 , 8 , 9) |
| 3. witness testimonies regarding the incident. (Para 12 , 13 , 14) |
| 4. principles governing testimony and conviction. (Para 17 , 18 , 19 , 20) |
| 5. analysis of evidence and reasonable doubt. (Para 21 , 22 , 23) |
| 6. final judgment and acquittal. (Para 24 , 25 , 26) |
JUDGMENT :
RAJANI DUBEY, J.
1. This appeal arises out of the judgment of conviction and order of sentence dated 09.07.2007 passed by the Sessions Judge, Bilaspur (C.G.) in Sessions Trial No. 70/2007 convicting and sentencing the accused/appellant as under:-
| CONVICTION | SENTENCE |
| Section 376 of IPC | R.I. for 10 years and fine of Rs.500/- in default of payment of fine amount, additional R.I. for 03 months |
| Section 450 of IPC | R.I. for 10 years with fine of Rs.500/-, in default of payment of fine amount, additional R.I. for 03 months |
2. The prosecution story, in brief, is that about four to five days prior to 02.10.2006, the prosecutrix’s husband, son, and daughter-in-law had gone to Khannaudi, Shahdol for earning their livelihood and for making and selling mats. On 02.10.2006, the prosecutrix’s grandsons, na
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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.
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
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.
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 conviction for rape based solely on the prosecutrix's testimony was quashed due to inconsistencies and lack of corroborative evidence, emphasizing the need for reliable and corroborated testimony....
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....
In cases of sexual assault, delay in lodging FIR is not fatal if explained, especially when considering societal attitudes toward victims.
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