Back
MITALI THAKURIA
MD. ANIZUL HOQUE S/O LATE UZIR ALI – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent.
2. This is an application filed under Sections 401 and 397 of the Code of Criminal Procedure, 1973, against the impugned Judgment and Order dated 06.12.2010, passed by the learned Sessions Judge, Goalpara, in C.A. Case No. 17/2010, whereby the Judgment and Order dated 22.09.2010, passed by the learned Assistant Sessions Judge, Goalpara, in Sessions Case No. 40/2009 under Sections 366/376(1)/34 of the IPC, was affirmed. In that case, the present petitioner was convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000; in default, simple imprisonment for another three months for the offence under Section 366 of the IPC. The petitioner was also sentenced to rigorous imprisonment for seven years and to pay a fine of Rs. 2,000; in default, another rigorous imprisonment for three months for the offence under Section 376 of the IPC. Both sentences run concurrently.
3. The case of the petitioner, in brief, is that one Mograb Ali lodged an FIR on 16.01.2007 against the petitio
The absence of medical evidence does not preclude conviction for rape if the victim's testimony is credible and consistent.
The sole testimony of a victim in a rape case may suffice for conviction if deemed credible, despite inconsistencies and lack of corroborative evidence.
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 prosecution must establish its case beyond a reasonable doubt; inconsistencies in witness testimonies and lack of medical evidence can lead to acquittal.
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.
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corrobor....
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 testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
