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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Ilesh J.Vora, P.M.Raval
Jitendra @ Jigo @ Jigneshbhai Bhailalbhai Parmar – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments presented by the appellant and respondent. (Para 4 , 9 , 10 , 11) |
| 3. court's analysis and observations on evidence. (Para 5 , 6 , 8 , 19 , 20) |
| 4. key legal standards on witness credibility. (Para 13 , 14 , 15 , 16) |
| 5. final judgment and order for the appellant. (Para 22 , 23 , 24) |
JUDGMENT :
ILESH J. VORA, J.
1. This criminal appeal preferred by the accused Jitendra @ Jigo @ Jigneshbhai Bhailalbhai Parmar, under Section 374(2) of the Code of Criminal Procedure, 1973 is directed against the judgment of conviction and order of sentence dated 20.03.2014 passed by the learned 2nd Additional Sessions Judge, Ahmedabad (Rural) in Sessions Case No.58 of 2012 by which the appellant accused has been convicted under Sections 302 , 397 and 201 of the INDIAN PENAL CODE and sentenced as tabulated hereinunder:
| Conviction under Section | Punishment | Fine | In default of fine |
| Section 302 of IPC | Imprisonment for life | Rs.5,000/- | SI for 6 Months |
| Section 397 of IPC | Imprisonment for 7 years | Rs.3,000/- | SI for 3 Months |
| Section 201 of IPC | Imprisonment for 7 years | Rs.3,000/- | SI for 3 Months |
2. The case of the prosecution leading to conviction of the appellant
A conviction cannot rely solely on the testimony of an unreliable witness without corroboration; unexplained delays and a witness's criminal background may compromise credibility and thus the prosecu....
(1) Proof of fact – Law does not contemplate stitching pieces of evidence in a watertight manner, for standard of proof in a criminal case is not proof beyond all doubts but only beyond reasonable do....
The main legal point established in the judgment is the requirement for the prosecution to prove cases of abduction and rape beyond reasonable doubt, especially when relying on the sole testimony of ....
The sole testimony of a witness with a dubious background and questionable reliability cannot sustain a murder conviction without corroborative evidence to prove guilt beyond reasonable doubt.
The judgment establishes that the sole testimony of a prosecutrix in a rape case must be credible and consistent; otherwise, it cannot be relied upon for conviction, especially in the absence of corr....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The court established that the credibility of the prosecutrix's testimony is paramount, but significant contradictions and lack of corroborative evidence can undermine a conviction under Section 376 ....
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
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