SANJAY KUMAR MEDHI, MITALI THAKURIA
Ramdhan Namasudra @ Manoranjan S/O Late Roshomai Namasudra – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
(S.K. Medhi, J)
1. The present appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment and order dated 24.04.2018 passed by the learned Special Judge, Nagaon, Assam in Special Case No. 48 (N) of 2016. By the aforesaid judgment, the appellant has been convicted and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 10,000/- in default R.I. for another 6 (six) months under Section 302 IPC and to undergo rigorous imprisonment for life and also to pay fine of Rs. 10,000/- in default R.I. for another 6 (six) months under Section 6 of the POCSO Act concurrently.
2. The case involves the brutal killing and rape of a seven-year-old child who would be referred to as the victim in the judgment.
3. The criminal law was set into motion by lodging of an Ejahar by PW-3, the cousin of the deceased. As per the Ejahar which was lodged on 27.12.2015, the appellant had lured the deceased on the pretext of buying chocolate by giving Rs. 10/-to her. Thereafter, as she did not return, her mother PW-2 made a search and the body of the deceased was found in an abandoned latrine. The Ejahar had specifically named the a
Pundappa Yankappa Pujari vs. State of Karnataka reported in (2014) 12 SCC 372
Rahim Beg & Another vs. State of U.P. reported in (1972) 3 SCC 759
State of Punjab vs. Karnail Singh reported in (2003) 11 SCC 271
Veerendra vs. State of Madhya Pradesh reported in (2022) 8 SCC 668
The absence of direct evidence does not negate a conviction if circumstantial evidence establishes guilt beyond reasonable doubt.
Rape and murder of minor girl –Acquittal under - Execution of crime doubtful - Incident does not appear to have happened in the manner in which the prosecution want the Court to believe it had happen....
In sexual assault cases, the victim's testimony must be credible and corroborated by reliable evidence to support a conviction.
The judgment emphasizes the importance of considering the testimonies of witnesses, especially in child rape cases, and the need for proper legal protection for minor victims.
Convictions for gang rape are valid even if not every accused commits the act individually, provided evidence supports common intent and participation.
The main legal point established in the judgment is the significance of medical evidence in cases of sexual offences, especially those involving child victims. The judgment also emphasizes the need f....
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