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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY
Onkar Singh, S/o. Ramlakhan Singh – Appellant
Versus
State of Chhattisgarh, through D.M. - Surguja (C.G.) – Respondent
| Table of Content |
|---|
| 1. overview of the case and background information. (Para 1 , 2 , 3 , 4) |
| 2. appellant challenges the trial court's conviction. (Para 5 , 6) |
| 3. court dissects witness testimonies questioning credibility and evidentiary standards. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 15) |
| 4. conditions under which the testimony of a prosecutrix can support a conviction. (Para 14) |
| 5. court’s conclusion on the inadequacy of evidence leading to acquittal. (Para 16 , 17) |
| 6. final judgment and order of acquittal. (Para 18 , 19) |
JUDGMENT :
RAJANI DUBEY, J.
1. This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 09.05.2007 passed by learned Special Sessions Judge, SC & ST (Prevention of Atrocities) Act, 1989, Ambikapur District-Surguja (C.G.) in Special Sessions Trial No. 49/2006, Sessions Division-Surguja Place-Ambikapur (C.G.), wherein the said Court convicted the appellant and sentenced him as under :-
2. The case of the prosecution, as unfolded from the impugned judgment and the records of the case is that on 26.02.2006 at around 7 pm, the prosecutrix/ victim after filling up the water from a well in
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