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ARUN DEV CHOUDHURY
Raham Ali, S/o. Md. Azahar Ali – Appellant
Versus
State Of Assam, Represented By PP Assam – Respondent
JUDGMENT :
1. Heard Mr. B Baruah, 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 17.06.2022 passed by the learned Sessions Judge, Udalguri in Sessions (II) Case No.49/2021, corresponding to GR Case No.1032/2019 arising out of Kalaigaon PS Case No.85/2019 under sections 448/376 IPC.
3. The prosecution was launched on the basis of an FIR lodged by the informant/victim by alleging that on 03.10.2019, while her husband was not at home, then at about 11 am, the accused taking the advantage of absence of other family members entered into the residence of the informant and made an attempt to outrage her modesty.
4. On receipt of the said FIR, Kalaigaon PS case No.85/2019 under sections 448/376 was registered. Accordingly, investigation was started and thereafter charge sheet was filed under section 448/376 IPC against the accused appellant.
5. Thereafter the committal court committed the matter to the learned Sessions Judge, Udalguri to try the case. Charges were framed on 25.11.2021 against the appellant and the charge was read over and explained to
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 confirmed the conviction based on the victim's credible testimony in a rape case, emphasizing that corroboration is not mandatory in such offenses.
Rape – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corroboration.
The Court established that minor contradictions in a victim's testimony should not discredit credible evidence in a rape case; corroboration is not mandatory if the victim's evidence inspires confide....
The conviction for rape was quashed due to unreliable victim testimony, lack of corroborative evidence, and unexplained delay in FIR lodging.
The sole testimony of a victim in a rape case can sustain a conviction if found credible, regardless of the existence of physical evidence or corroborating witnesses.
A criminal conviction based solely on the testimony of a victim is unsustainable when that testimony suffers from substantial material inconsistencies, lacks independent medical corroboration, and is....
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