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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, MITALI THAKURIA
Monu Tanti S/o. Lt. Santish Tanti – Appellant
Versus
State Of Assam, Rep. By PP, Assam – Respondent
JUDGMENT :
K.R. Surana, J.
Heard Ms. M. Barman, learned Amicus Curiae for the appellants. Also heard Ms. B. Bhuyan, learned APP for the State and senior counsel, assisted by Ms. J. Saikia, learned counsel.
2. On receipt of petition of appeal of the appellants through the Superintendent of Central Jail, Jorhat, both these appeals are one within the provision of section 383 Cr.P.C. read with section 374 Cr.P.C.
3. These appeals are directed against the judgment and sentence dated 31.08.2021, passed by the learned Special Judge, POCSO, Jorhat in Special Case No. 93/2017. By the said judgment and sentence, the appellants were convicted for commission of offence under section 376D IPC and sentenced to undergo rigorous imprisonment for a term of 20 (twenty) years each and fine of Rs.15,000/- (Rupees fifteen thousand only) each with default stipulations. It was further ordered that the fine amount, if realized, shall be paid the victim for her medical expenses and rehabilitation.
4. In brief, the case of the prosecution is that on 29.10.2017, the victim (hereinafter referred to as ‘X’) had gone to watch movie in the tea estate. The appellants, namely, Monu Tanti (also spelt as Munu Tanti), app
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.
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 under the POCSO Act based on strong testimonial and medical evidence, affirming that negative DNA results do not undermine the prosecution's case.
The prosecution must prove guilt beyond a reasonable doubt, and inconsistencies in witness testimonies can lead to acquittal.
The reliability of victim testimony and the presumption of absence of consent in rape cases are crucial legal principles established in the judgment.
The importance of consistent and reliable testimonies in reaching a conviction.
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
The main legal point established in the judgment is the requirement for clear, consistent, and reliable evidence in cases involving allegations of sexual assault, especially when determining the guil....
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