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MANOJ KUMAR OHRI
IN THE MATTER OF: RANJEET NAIK – Appellant
Versus
STATE (NCT OF DELHI) – Respondent
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. The present appeal has been instituted under Section 374 Cr.P.C. read with Section 482 Cr.P.C. against the impugned judgment and order on sentence both dated 15.10.2020 passed by the learned ASJ, Special Fast Track Court, Patiala House Courts, New Delhi in case SC No. 9470/2016 arising out of FIR No. 312/2016 registered under Section 376 IPC at P.S. Sagarpur, whereby the appellant was convicted vide aforesaid judgment for the offence punishable under Sections 354D/376 IPC. Further, vide the aforesaid order on sentence the appellant was sentenced to undergo RI for a period of 10 years along with fine of Rs.13,000/- in default whereof to undergo SI for a period of 6 months for the offence punishable under Section 376 IPC. He was further sentenced to undergo RI for a period of 1 year along with fine of Rs.2,000/- in default whereof to undergo SI for a period of 2 months for the offence punishable under Section 354D IPC.
2. For the sake of felicity, the brief facts as noted by the Trial Court are:-
Criminal Trial - Rape - Testimony of prosecutrix - Conviction upheld - Testimony of prosecutrix about stalking and offence of rape committed by appellant upon her not only inspires confidence, but is....
The absence of physical injuries does not negate rape if the victim's testimony is credible and inspires confidence, leading to conviction.
The court acquitted the appellant due to significant doubts regarding the prosecutrix's testimony, particularly concerning consent and her age during the alleged offences as per IPC and POCSO standar....
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
The main legal point established in the judgment is the requirement for consistency and corroborative evidence in proving criminal charges. The court emphasized the need for witness statements to ins....
The court ruled that the benefit of doubt must be given to the accused when age determination and evidence is inconclusive; conviction not sustained due to lack of substantiation of charges.
The main legal point established in the judgment is the importance of corroborative evidence in rape cases and the principle that serious infirmities and inconsistencies in the evidence of the prosec....
The need for corroboration and the principle of proving the victim's statement on the principle of probability in cases of sexual offences.
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