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MITALI THAKURIA
Md. Nizam Ali @ Nizamaddin, S/o. Late Hushain Ali – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Mitali Thakuria, J.
Heard Mr. T. Gogoi, learned counsel for the appellant. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State respondent.
2. This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 against the impugned judgment and order dated 31.03.2012, passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 11 (NL)/2010, convicting the accused/appellant under Section 376(f)/511/448 of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for a period of 3 (three) years and to pay a fine of Rs. 5,000/- (Rupees five thousand) only in default of payment of fine to suffer Rigorous Imprisonment for 3 (three) months for the offence under Section 376(f)/511 of the Indian Penal Code and to undergo Rigorous Imprisonment for 15 (fifteen) days with fine of Rs. 1,000/- (Rupees one thousand) only in default Rigorous Imprisonment for 3 (three) days for the offence under Section 448 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 10.11.2007, one Md. Saibur Rahman lodged an F.I.R. before the Nowboicha Police Outpost alleging inter alia that on 07.11.2007, at about 4
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 confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
The absence of medical evidence does not preclude conviction for rape if the victim's testimony is credible and consistent.
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
Point of law: Rape case - Conviction - Sentence of life imprisonment set aside - No justification for the trial court while convicting accused-appellant for offence under Section 376 IPC to sentence ....
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
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