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N. KOTISWAR SINGH, ARUN DEV CHOUDHURY
Chullay Kullu @ Rabi – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. KOTISWAR SINGH, J.
1. Heard Mr. K. Goswami, learned Senior Counsel as well as Amicus Curiae assisted by Mr. A. Sandilya, learned counsel appearing for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel as well as Additional Public Prosecutor, Assam assisted by Mr. J. Das, learned counsel appearing for the State/respondent No. 1.
2. This is an appeal from jail.
3. The present appeal arises out of the judgment dated 03.01.2017 rendered by learned Additional Sessions Judge, Sonitpur, Tezpur in Case No. Sessions 170/2012 by which the appellant has been convicted under Sections 376/302 of Indian Penal Code (IPC), 1860 and sentenced to undergo rigorous imprisonment for life and fine of Rs. 5,000/- (Rupees five thousand) only and in default of which to undergo simple imprisonment for 3(three) months for committing offence under Section 376 of IPC and also rigorous imprisonment for life and fine of Rs. 5,000/- (Rupees five thousand) only and in default of which to undergo simple imprisonment for 3(three) months for committing offence under Section 302 of IPC. It was directed that both the sentences would run concurrently.
4. The crime of which the appellant was charge
The judgment emphasizes the importance of considering the testimonies of witnesses, especially in child rape cases, and the need for proper legal protection for minor victims.
(1) Evidence is only to be weighed and not to be counted – It is essentially, for prosecution to decide as to how many witnesses are to be examined to establish its case on any particular point.(2) D....
The sufficiency of circumstantial evidence and the need for a complete chain of evidence to establish guilt beyond reasonable doubt.
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
The prosecution must establish a complete chain of circumstances beyond reasonable doubt to justify a conviction.
The court upheld the conviction based on established circumstantial evidence, affirming that all necessary conditions for such conviction were met.
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