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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MITALI THAKURIA
Satyendra Kumar Prasad, S/o. Kapil Deb Prasad – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 3 , 4 , 6) |
| 2. defense arguments against conviction (Para 7 , 8 , 9) |
| 3. prosecution's supporting evidence (Para 12 , 13) |
| 4. legal standards on evidence of prosecutrix (Para 21 , 22 , 23) |
| 5. upholding conviction and sentence (Para 24) |
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. J.H. Saikia, the learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, the learned Additional Public Prosecutor appearing on behalf of the State respondent.
2. This is an appeal u/s 397 Cr.PC read with Sections 401 & 482 Cr.PC against the impugned judgment & order dated 02.05.2015 passed by learned Additional Sessions Judge (FTC) at Bongaigaon in Criminal Appeal No. 62(4)/2014 upholding the judgment & order dated 19.11.2014 passed by learned JMFC, Bongaigaon arising out of G.R. Case No. 133/2014 convicting the accused/petitioner to undergo Rigorous Imprisonment for 1 year for the offence committed u/s 354 IPC and also sentenced to pay a fine of Rs. 5,000/-in default Simple Imprisonment for another 3 months.
3. The brief facts of the case is that on 24.02.2014 an FIR was lodged by respondent no. 2 before the North Bongaigaon P.P. alleging inter alia that
A prosecutrix's credible testimony can be sufficient for conviction in sexual assault cases even without corroboration, provided it is reliable and consistent.
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
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....
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
Rape of minor girl – Delay in FIR - threats administered by the appellant of circulating the MMS and of defamation of the family, are all factors to be considered, for delay in lodging the FIR – Conv....
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
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