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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY S.AGRAWAL, AMITENDRA KISHORE PRASAD
Maheshwar Nishad @ Natwar, S/o Shri Vishnath Nishad – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Amitendra Kishore Prasad, J.
1. CRA No.1765/2019 :- This criminal appeal has been preferred by the appellant/accused under Section 374(2) of the Code of Criminal Procedure, 1973, against the impugned judgment of conviction and order of sentence dated 14.11.2019 passed in Special Criminal Case No. 282/2017 by the Special Judge (Atrocities), Raipur (C.G.), whereby the appellant has been convicted and sentenced as under:—
| Conviction | Sentence |
|---|---|
U/s. 354 of Indian Penal Code (for short, ‘IPC’) | Rigorous Imprisonment for four years and fine of Rs.1,000/- in default of fine amount to undergo additional rigorous imprisonment for three months |
| Under Section 323 of IPC | Rigorous Imprisonment for one year and fine of Rs.1,000/- in default of fine amount to undergo additional rigorous imprisonment for three months |
| Under Section 506 Part II of IPC | Rigorous Imprisonment for one year and fine of Rs.1,000/- in default of fine amount to undergo additional rigorous imprisonment for three months |
2. ACQA No.10/2020:- This acquittal appeal preferred by the victim arises out of the same judgment dated 14.11.2019 passed by the Special Judge (Atrocities), District Raipur (C.G.), in Special Criminal Case No. 2
The court ruled that corroborative evidence is essential for rape allegations, leading to acquittal on those charges while a conviction for assault was upheld based on credible evidence.
(1) For maintaining conviction under Section 376 I.P.C., medical evidence has to be in conformity with oral testimony.(2) Remission/ commutation of sentence under Sections 433 and 434 of Cr.P.C. is i....
The court emphasized the importance of medical evidence and the need to address delays in considering appeals.
The importance of corroborating the evidence of the prosecutrix with scientific evidence in cases of rape, and the presumption of innocence in favour of the accused in acquittal appeals.
The appellate court upheld the acquittal, emphasizing that the presumption of innocence remains unless clear evidence of guilt is established, and it should not interfere with the trial court's findi....
Medical evidence should show some semblance of forcible intercourse, even if we go as per the version of the prosecutrix that the accused had gagged her mouth for ten minutes and had thrashed her on ....
An appellate court must respect the presumption of innocence and should not interfere with an acquittal unless there is manifest illegality or perversity in the trial court's judgment.
In appeals against acquittal, the appellate court must respect the presumption of innocence and only intervene if the trial court's decision is perverse or unsupported by evidence.
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