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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
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 the village Jamuadand, went to the sugarcane field of Ramgahan for open defecation. At that time, the accused caught hold of her, made her fall on the ground and without her consent satiated his lust by committing forcible sexual intercourse upon her and as the victim was screaming, he stuffed her mouth with a cloth. The prosecutrix/victim immediately informed her mother-in-law about the incident. As the victim’s husband was absent at the time of the incident, the F.I.R of sexual assault was filed by the prosecutri
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.
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corrobor....
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
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.
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 evidence of a prosecutrix must be credible and consistent for a conviction in rape cases; contradictions and lack of supporting evidence can lead to acquittal.
Point of Law : Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on th....
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....
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