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ARUN DEV CHOUDHURY
Dhaneswar Das, S/o. Sri Suren Das – Appellant
Versus
State Of Assam – Respondent
ORDER :
1. Heard Mr. H Buragohain, learned counsel for the appellant and Mr. K.K. Parashar, learned Addl. PP, appearing for the State of Assam.
2. The present appeal is directed against the impugned judgment and order dated 30.01.2012 passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No.98(K)/2007,sentencing the accused to undergo rigorous imprisonment for 7 (seven) years and to pay a fine of Rs.2,000/-in default to undergo further rigorous imprisonment for 2 (two) months.
3. The prosecution was launched on the basis of an FIR filed by the PW-1 the father of the victim girl. According to FIR, the informant who was hospitalized for some disease, after coming back from the hospital on 07.08.2005 he was informed that at around 2.00 PM on 04.08.2005 when his elder daughter had gone to the back of his house to attend nature’s call, the accused had taken her to a newly built house in the backside of the backyard pulling her by the hand and threatening her if she scream and tried to commit rape on her.
4. On receipt of the said FIR, Sualkuchi PS case No.64/2005 (corresponding to GR Case No.187/2005) under sections 376/511 was registered. Accordingly, investigation was
It is well settled that on basis of sole testimony of a victim of sexual offence, a person can be convicted without any further corroboration, but such testimony must be of sterling quality.
The court upheld the conviction based on the credible testimony of the minor victim, emphasizing that minor inconsistencies do not undermine her credibility.
The testimony of a child victim in sexual offence cases can be sufficient for conviction if it is credible and corroborated by medical evidence, and the presumption of guilt under the POCSO Act appli....
Rape – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corroboration.
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