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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI
Khanjan Narjibhai Palas – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
GITA GOPI, J.
1. The Appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as ‘Cr.P.C.’) is directed against the judgment and order dated 26.08.2002 passed by the learned Additional Sessions Judge, Ahmedabad, Court No.10 in Sessions Case No.140 of 2000.
2. The appellant as an accused came to be convicted under Section 363 of the Indian Penal Code (IPC), and sentenced to undergo rigorous imprisonment of two years and fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment of three months, whereas under Section 366 of IPC, was ordered to suffer rigorous imprisonment of two years with payment of fine of Rs.2,000/- with the default stipulation to undergo simple imprisonment for four months. While under Section 376 of IPC, the conviction was with the sentence of rigorous imprisonment for three years, ordered to pay fine of Rs.3,000/- and in default of payment of fine, to undergo simple imprisonment of six months. All the sentences were ordered to run concurrently, with the benefit of set off for the time spent in judicial custody.
3. The facts of the case as could be drawn from the impugned judgment briefly
Evidence of consent and age discrepancy plays a crucial role in sexual assault convictions. The prosecution must provide conclusive evidence supporting the minor's age and lack of consent for kidnapp....
(1) Rape – Evidence of prosecutrix in a case of rape is of same value as that of an injured witness – Conviction can be made on the basis of sole testimony of prosecutrix – Age of prosecutrix has an ....
The sole testimony of a prosecutrix can suffice for conviction in rape cases if credible, while age determination must be supported by reliable evidence.
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
Rule 12 is strictly applicable only to determine age of a child in conflict with law.
The main legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt, especially in cases involving discrepancies in evidence and inconsi....
The central legal point established in the judgment is the requirement for the prosecutrix's testimony to be reliable and corroborated by medical evidence or surrounding circumstances in cases of rap....
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
The court upheld the conviction for rape of a minor based on credible testimony and corroborative evidence, emphasizing the admissibility of school records for age determination.
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