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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Lalfakawma, S/o- C. Lalrohlua – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT & ORDER :
KAUSHIK GOSWAMI, J.
Heard Mr. S. Pradhan, learned counsel appearing for the appellant. Also heard Mrs. Linda L Fambawl, learned Public Prosecutor appearing for the State respondent.
2. This criminal appeal is presented under Section 374(2) of the CRIMINAL PROCEDURE CODE (hereinafter referred to as “Cr.P.C.”) against the judgment & order dated 21.08.2023 and sentence order dated 22.08.2023, passed in All Women PS Case No.44/2021 (Crl.Trl No.108 of 2022) whereby the learned Additional Sessions Judge-1, Aizawl, Mizoram (hereinafter referred to as “trial Court”) convicted the appellant under Section 376 (1) of the INDIAN PENAL CODE (hereinafter referred to as “IPC”) and sentenced thereof to undergo Rigorous Imprisonment for 10(ten) years and fine of Rs.1,000/- (rupees one thousand) only, in default to Simple Imprisonment for 10(ten) days.
3. The brief fact of the case is that on 11.10.2022, the victim “X” lodged an F.I.R., alleging, inter alia, that she was raped by her cousin brother i.e., the accused/appellant in the early morning, around 1.00 am to 3.00 am, inside his bedroom at his house. Accordingly, a case was registered and investigated. During investigation, th
In rape cases, a conviction can only be upheld if the prosecution proves non-consensual intercourse beyond reasonable doubt, emphasizing the importance of considering all evidence presented.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in testimonies and lack of medical evidence can lead to acquittal.
A conviction for sexual offences against minors can be based solely on the victim's testimony if it is credible and trustworthy, without the need for corroboration.
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....
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
Consent obtained through threats does not establish consensual engagement; credible victim testimony supported by evidence can suffice for conviction in sexual assault cases.
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in testimonies alongside lack of medical corroboration can lead to acquittal.
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
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