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MRIDUL KUMAR KALITA
Chan Mohan Arya – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. details of criminal appeals (Para 3 , 4) |
| 2. factual recount of the incident (Para 5 , 7 , 14) |
| 3. witness testimonies and corroboration (Para 6 , 8 , 11) |
| 4. witness testimonies regarding the incident and the victim's experience. (Para 10) |
| 5. counsel arguments against the conviction (Para 26 , 27 , 28) |
| 6. arguments on the lack of corroborating medical evidence. (Para 30) |
| 7. court's critical analysis of evidence (Para 32 , 33 , 34) |
| 8. decision on the testimony's credibility (Para 35 , 36 , 37) |
| 9. upholding the trial court's judgment (Para 38) |
| 10. conclusion and order (Para 39) |
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 S
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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