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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI
Khanjan Narjibhai Palas – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. appeal against conviction and sentencing. (Para 1 , 2) |
| 2. overview of case facts and charges. (Para 3 , 4) |
| 3. accused's denial of allegations. (Para 5 , 6) |
| 4. defendant's arguments regarding evidence and age of victim. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. prosecution's rebuttal and arguments. (Para 18 , 49) |
| 6. court's observations on key evidence. (Para 19 , 20 , 21 , 22 , 23) |
| 7. witness testimonies regarding the facts. (Para 24 , 25 , 26) |
| 8. involvement of family members and contradictory evidence. (Para 36 , 37 , 38 , 39 , 40) |
| 9. medical examinations and age determination. (Para 71 , 72 , 73) |
| 10. investigation process and its implications. (Para 74 , 76) |
| 11. final ruling and conclusion of the case. (Para 104 , 110) |
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 o
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.
School records' date of birth entries admissible but not conclusive proof of age without evidence of basis; prosecution must prove victim's minority beyond reasonable doubt for statutory rape convict....
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....
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