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SUSMITA PHUKAN KHAUND
Aktar Ali (A-1), S/o. Sekan Ali – Appellant
Versus
State of Assam, Represented by the P. P. – Respondent
JUDGMENT :
(Susmita Phukan Khaund, J.)
Heard Mr M U Mondal, learned counsel for the appellant, Mr B B Gogoi, learned Additional Public Prosecutor for the respondent State and Mr A Hussain, learned counsel for the informant/respondent No. 2
2. This appeal is preferred against the Judgment and Order dated 17.09.2022, passed by the learned Additional Sessions Judge, Bilasipara, District-Dhubri, in connection with Sessions Case No. 118/2012, convicting Aktar Ali (also referred to as the appellant, or accused or A-1), under Section 376 of the Indian Penal Code, 1860 (IPC, for short) and sentencing him to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs. 20,000/-, with default stipulation, convicting Moynal Hoque (also referred to as the appellant, or accused or A-2) and Fajlul Hoque (also referred to as the appellant, or accused or A-3), under Section 366 IPC, read with Section 34 of the IPC, and sentencing them to undergo Rigorous Imprisonment for 5 years and to pay a fine of Rs. 5,000/- each, with default stipulation, and convicting them under Section 506 IPC, read with Section 34 of the IPC and sentencing them to undergo Simple Imprisonment for 1 year and to pay a fine
The prosecution failed to prove the charges of kidnapping and rape beyond a reasonable doubt, leading to the acquittal of the appellants.
The prosecution must establish its case beyond reasonable doubt; inconsistent evidence from the victim led to the appellant's acquittal.
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 judgment established that the absence of evidence of force or deception, suspicious conduct of the victim, and lack of corroborative medical evidence can cast doubt on allegations of kidnapping a....
The main legal point established in the judgment is the requirement for the prosecution to prove cases of abduction and rape beyond reasonable doubt, especially when relying on the sole testimony of ....
In criminal cases of sexual assault, the reliability of witness testimonies and timely reporting are crucial; unexplained delays and contradictions can lead to acquittal.
The prosecution's failure to provide cogent evidence and independent corroboration resulted in the acquittal of the accused under Sections 366 and 376 IPC.
The weight of victims' evidence in cases of sexual assault and the minor lapses in investigation such as delay in filing the FIR and lack of independent witnesses.
Prosecution must prove intent for kidnapping under Section 366 IPC; mere abduction insufficient for conviction, especially when delays and contradictions in victim's testimony exist.
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