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A. Y. KOGJE
Devubhai Jinabhai Gohil (Rajput) – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.Y. Kogje, J.
1. Present Appeal is preferred under Section 389 of the Code of Criminal Procedure, 1973, by the appellant-convict against the conviction recorded by the judgment and order dated 28-09-2007 passed by the Additional Sessions Judge, Dhrangadhra in Sessions Case No.22 of 2007. By the impugned judgment and order, the appellant has been convicted for the offence under Section-376 of the INDIAN PENAL CODE and sentenced to ten years of rigorous imprisonment and fine of Rs.5,000/-. He has also been convicted for offence under Section-506(2) of the INDIAN PENAL CODE and sentenced with rigorous imprisonment of one year and fine of Rs.1,000/-.
2. The prosecution was lodged on the basis of FIR being C.R. No.I-126 of 2006 registered on 26-12-2006 by the informant-victim alleging that five days prior thereto in the midnight, accused-appellant had entered into the house of the informant in absence of her husband and while, her children were sleeping and forcibly committed rape on her.
3. Upon conclusion of the investigation on 19-02-2007, the charge-sheet came to be filed for offence under Section-376 and 506(2) of the INDIAN PENAL CODE and the Sessions came to be committed
The court confirmed the conviction based on the victim's credible testimony in a rape case, emphasizing that corroboration is not mandatory in such offenses.
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
The prosecution must prove an accused's guilt beyond reasonable doubt, and significant delays or contradictions in testimonies can undermine a conviction.
The main legal point established in the judgment is the requirement for reliable and corroborated testimony, along with the importance of medical evidence and the need to explain delays in lodging FI....
Point of law: Rape case - Conviction - Sentence of life imprisonment set aside - No justification for the trial court while convicting accused-appellant for offence under Section 376 IPC to sentence ....
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 sole testimony of a victim in a rape case can sustain a conviction if found credible, regardless of the existence of physical evidence or corroborating witnesses.
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.
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