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SUSMITA PHUKAN KHAUND
Tamar @ Chikmar Malling, S/o Lt. Tachik Malling – Appellant
Versus
State of Arunachal Pradesh, represented through the ld. Public Prosecutor – Respondent
JUDGMENT :
(Susmita Phukan Khaund, J.) :
1. Heard Mr. R. Sonar, learned counsel appearing for the petitioner. Also heard Mr. J. Tsering, the learned Public Prosecutor representing the State of Arunachal Pradesh/respondent No. 1. Mr. K. Saxena, the learned counsel for respondent no. 2.
2. Shri. Tamar Alias Chikmar Malling (hereinafter the appellant) has filed this revision Petition Revision petition under Section 397, 398 R/w 401 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short), challenging the legality and the propriety of the judgment and order dated 05.09.2022 and the order of sentence dated 07.09.2022, passed by the learned Additional Session Judge, Basar, Leparada District, in connection with BSR/Session Case No. 01/2020, convicting the petitioner under Section 376(1) of the Indian Penal Code (IPC for short) and sentencing him to undergo rigorous imprisonment for 07 (seven) years and a final Rs. 2000/-(Rupees Two Thousand Only) with default stipulation. This revision petition was later registered as an appeal vide provisions of Section 401(5) of the Cr.P.C.
3. Brief facts leading to this appeal is that on 27.10.2017 at around 10.00 hours, at Urban Complex, Lenyi Villa
The judgment underscores the necessity for prompt lodging of FIRs in sexual assault cases to ensure the integrity of evidence and the importance of consistent and credible witness testimonies in secu....
The need for corroboration in cases based solely on the victim's testimony, especially in cases of inordinate delay in lodging the FIR, and the importance of fair consideration for both the victim an....
The court affirmed that a victim's testimony, especially from a minor, can suffice for conviction in sexual assault cases, even without medical corroboration.
The court upheld the conviction against the appellant based solely on the victim's credible testimony, emphasizing that societal pressures do not negate the legal obligation to report sexual offenses....
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.
The court affirmed that delay in filing an FIR does not weaken rape accusations, particularly when contextual explanations validate the prosecution's claims and corroborative evidence supports the vi....
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