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MRIDUL KUMAR KALITA
Chan Mohan Arya – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Mridul Kumar Kalita, J.
Heard Mr. S. C. Biswas, learned counsel for the appellants. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.
2. By this common judgment, it is proposed to dispose of two criminal appeals, namely, Criminal Appeal No. 98/2016, as well as Criminal Appeal (J) No. 77/2018.
3. The Criminal Appeal No. 98/2016 has been preferred by the appellants, namely, 1. Mongol Arya, 2. Chan Mohan Arya, 3. Gopal Rabi Das, and 4. Parameshwar Chouhan, impugning the judgment and order dated 25.01.2016, passed by the learned Sessions Judge, Chirang at Kajalgaon in Sessions Case No. 23(B)/2015, whereby the appellants were convicted under Section 376(2)(g) of the INDIAN PENAL CODE , and were sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 2000/- each and in default of payment of fine, to undergo further rigorous imprisonment for six months. The appellants were also convicted under Section 325 of the INDIAN PENAL CODE and were sentenced to undergo rigorous imprisonment for 2 years with a fine of Rs. 1000/- each and in default of payment of fine, to undergo further rigorous imprisonment for 3 months. The appellants were a
Credible testimony of the victim in sexual assault cases can suffice for conviction even without corroborating medical evidence, particularly in gang rape situations where evidence may be challenging....
The court upheld the conviction of both appellants for gang rape, affirming that witness credibility and minor inconsistencies do not undermine the prosecution's case.
In criminal cases of sexual assault, the reliability of witness testimonies and timely reporting are crucial; unexplained delays and contradictions can lead to acquittal.
Conviction for gang rape can be upheld solely based on the victim's reliable testimony, corroborated by medical evidence, regardless of inconsistencies or lack of immediate identification of the accu....
Victim's testimony is crucial in sexual assault cases; it can alone substantiate conviction when credible, supported by medical evidence and witness accounts, despite minor inconsistencies.
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