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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA
Sanjay @ Sanju – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. overview of case and allegations. (Para 1 , 2) |
| 2. arguments presented by both parties. (Para 3 , 4) |
| 3. court's analysis and observations on evidence. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 4. establishment of legal principles for conviction. (Para 32 , 33) |
| 5. conclusion and order of the court. (Para 34 , 35 , 36) |
JUDGMENT :
SANJEEV NARULA, J.
1. The present appeal under Section 374(2) read with Section 383 of the Code of Criminal Procedure, 1973, [“Cr.P.C.”] is directed against judgment of conviction dated 25th January, 2018 and the order on sentence dated 9th February, 2018. By the aforesaid orders, the Appellant has been convicted for the offence under Section 376 of Indian Penal Code, 1860[“IPC”] and has been sentenced to undergo rigorous imprisonment for a period of 12 years, along with a fine of INR 10,000/- and simple imprisonment for a period of 1 month in default thereof.
Factual Background
2. Briefly stated, the facts of the case, leading to the filing of the present appeal, are as follows:
2.1. On 11th June, 2017, upon receipt of DD No. 20A, SI Kamlesh Meena proceeded
In rape cases, the victim's credible testimony can alone establish guilt if supported by corroborative evidence, such as DNA results, provided the evidence is coherent and reliable.
Hon’ble Supreme Court has held that in the cases where there are serious doubts regarding the sexual intercourse, the benefit of doubt has been provided upon the accused.
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....
The prosecution must prove guilt beyond a reasonable doubt, and the victim's testimony must be credible and supported by evidence for a conviction in sexual assault cases.
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 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....
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
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