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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ANJAN MONI KALITA
Tap Tassar (Convict) Son of Late Tap Tei – Appellant
Versus
State of AP represented by Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. introduction and procedural context of the case. (Para 1 , 2) |
| 2. details of fir and background of the victim. (Para 3 , 4 , 5) |
| 3. testimonies of witnesses regarding the relationship and alleged assaults. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. court’s evaluation of witness credibility and evidence. (Para 14 , 15 , 28 , 29) |
| 5. arguments presented by the appellant’s counsel. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 6. prosecution response to the defense arguments. (Para 25 , 26 , 27) |
| 7. assessment of the victim's testimony and its inconsistencies. (Para 30 , 31 , 32 , 33 , 34) |
| 8. judicial conclusions about the evidence and witness reliability. (Para 35 , 36 , 40) |
| 9. final judgment and order of acquittal. (Para 41 , 42 , 43 , 44) |
JUDGMENT :
ANJAN MONI KALITA, J.
1. Heard Mr. S. Koyang, learned counsel appearing for the appellant. Also heard Ms. T. Jini, learned Addl. PP for the State respondent and Ms. J. Doji, learned counsel for the respondent No. 2 (Informant/Victim).
2. This Criminal Appeal under Section 374 (2) of the Cr.P.C., 1973 challenging the Judgment and Order dated 15.09.2023 and the Order of Sentence dated 18.09.2023 passed in Sessions Case (Z) No. 04/2022
The prosecution's reliance on the victim's inconsistent testimony did not meet the evidentiary standard required for conviction, leading to the appellant's acquittal.
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 conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
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 prosecution failed to establish the elements of penetrative sexual assault under the POCSO Act, leading to the quashing of conviction due to insufficient evidence and unreliable witness testimoni....
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.
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
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