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IN THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SHAMIMA JAHAN
Indreswar Dewri, S/o. Late Kangbor Dewri – Appellant
Versus
State of Assam, Represented by the P.P, Assam – Respondent
JUDGMENT :
SHAMIMA JAHAN, J.
Heard Mr. A. Gautam, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Addl. Public Prosecutor for the State respondent and Mr. U. Choudhury, learned Legal Aid Counsel for respondent No. 2.
2. This is a criminal appeal filed against the Judgment & Order dated 02.05.2022 passed by the learned Court of Sessions Judge, Morigaon in Sessions Case No. 72/2021 under Section 376 (2)(L) as well as Section 436 of the IPC . By the said Judgment & Order, the appellant was convicted under (1) and was sentenced to undergo R.I for a period of 10 years with fine of Rs. 5,000/- and in default, to undergo S.I for another period of 1 month. It is this conviction and sentence order that the appellant has challenged in the present appeal.
FACTS
3. The FIR was lodged on 21.03.2021 by the victim disclosing that the appellant was living in a house of his in-laws and that on 20.03.2021 at about 12 noon, when the victim went to the house of the appellant for taking bath at his hand pump, the appellant lured her, took her inside his house and after gagging her mouth, forcibly established physical relationship with her. It was also stated in the FIR that the v
In cases of sexual offences, victim testimony must be consistent and credible; inconsistencies necessitate corroborative evidence for conviction.
Victim's testimony in sexual offences must be consistent and credible; significant inconsistencies may lead to acquittal even if the core premise of the testimony remains intact.
In cases of sexual assault, the victim's testimony is paramount, and the mental state of the victim does not diminish the credibility of her account; corroboration is not a strict requirement if the ....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The sole testimony of a victim in a rape case may suffice for conviction if deemed credible, despite inconsistencies and lack of corroborative evidence.
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