Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Nitul Sarmah, S/o. Late Narayan Sarmah – Appellant
Versus
State of Assam, Rep. By The PP, Assam – Respondent
JUDGMENT :
Sanjeev Kumar Sharma, J.
1. Heard Mr. S. Nawaz, learned counsel for the appellant. Also heard Mr. K.K. Das, learned Addl. Public Prosecutor for the State respondent and Mr. A. Ahmed, learned Amicus Curiae for the respondent No.2.
2. This appeal is directed against the Judgment & Order dated 29.08.2024 passed by the learned Sessions Judge, Kamrup, Amingaon in Sessions Case No. 95/2015, convicting the appellant under Section 376 of the Indian Penal Code, 1860 and sentencing him to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 25,000/- (Twenty Five Thousand Rupees) in default to undergo simple imprisonment for another 6 (six) months.
3. The prosecution case as unfolded during trial in short is that one Kushal Deka on 22.03.2014 lodged an FIR before the O/C Sualkuchi P.S. against Nitul Sarmah and Debajit Sarmah inter alia stating that on 21.03.2014, at around 6.30 pm, the daughter of the informant 'X', aged 27 years along with one Putuli Deka had gone to the Sualkuchi market and at that time, they were kidnapped by the FIR named accused persons in a four wheeler vehicle and accused No.1 Nitul Sarmah with the assistance of accused No.2 committed rape u
The conviction for rape requires credible testimony from the prosecutrix, supported by medical evidence; inconsistencies can warrant acquittal.
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The testimony of a victim in rape cases is crucial and can lead to conviction without corroboration if it is credible and consistent, and medical evidence does not necessarily negate the victim's acc....
The main legal point established in the judgment is the requirement for consistency and corroborative evidence in proving criminal charges. The court emphasized the need for witness statements to ins....
The conviction for rape based solely on the prosecutrix's testimony was quashed due to inconsistencies and lack of corroborative evidence, emphasizing the need for reliable and corroborated testimony....
The importance of corroborative evidence and consistency in the prosecutrix's statement in cases of serious allegations.
Criminal Law - Rape case - Conviction set aside- Sole testimony of the prosecutrix is not of a sterling character and is belied by medical and scientific evidence. As per the material brought on reco....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
