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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI, J
Sri Anil Das Son of Sri Saitana DasKAUSHIK GOSWAMI – Appellant
Versus
State of Assam – Respondent
JUDGMENT & ORDER :
Heard Mr. N. Mahajan, learned counsel for the accused/appellant. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam for the state respondent.
2. This appeal is presented against the judgment & order dated 26.03.2012 passed by the learned Session Judge, Nalbari in Session Case No. 30/2007, whereby the accused/appellant was convicted under Section 376 of the Indian Penal Code (hereinafter referred to as “IPC”) and sentenced thereof to undergo Rigorous Imprisonment for 7 years and a fine of Rs. 2,000/- and in default of payment of fine, further Imprisonment for 2 months.
3. The brief facts of the case are that on 23.01.2006, PW-5 i.e. the informant lodged an FIR alleging inter alia that on that day at around 3:00 pm, the accused/appellant enticed his niece i.e. the prosecutrix(PW-1) to the Rampur L.P. School, where he raped her inside the school. Accordingly, a case was registered being Mukalmua P.S. Case No. 11/2006 under Section 376(2)(f) of the IPC.
4. Thereafter, the Investigating Officer i.e. PW-7 completed the investigation and submitted Charge-sheet under Section 376 of the IPC against the accused/appellant. Accordingly, the case was committe
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in testimonies alongside lack of medical corroboration can lead to acquittal.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in testimonies and lack of medical evidence can lead to acquittal.
In a rape case accused could be convicted on sole testimony of prosecutrix, if it is capable of inspiring of confidence in mind of court. If version given by prosecutrix is unsupported by any medical....
The conviction for rape based solely on the prosecutrix's testimony was quashed due to inconsistencies and lack of corroborative evidence, emphasizing the need for reliable and corroborated testimony....
The need for corroboration and the principle of proving the victim's statement on the principle of probability in cases of sexual offences.
The evidence of a prosecutrix must be credible and consistent for a conviction in rape cases; contradictions and lack of supporting evidence can lead to acquittal.
The absence of medical evidence does not preclude conviction for rape if the victim's testimony is credible and consistent.
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....
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