Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Uttam Das S/O. Late Gobindo Chandra Das – Appellant
Versus
State Of Assam Rep. by the PP – Respondent
JUDGMENT :
Rajesh Mazumdar, J.
The present appeal arises out of the judgment dated 13th day of September, 2024 pronounced by the learned Sessions Judge, (FTC-2) Tinsukia in Sessions Case No. 13 (T) of 2021) arising out of Tinsukia P.S. Case No. 739/2019, convicting the appellant under Section 376 , IPC and sentencing him toundergo Rigorous Imprisonment for 10 years for his offence u/s. 376 , and to pay a fine of Rs. 10,000/- in default to undergo S.I. for another 6 months. The fine amount, if realised, was to be paid to the victim. The accused was entitled to have the previous custodial period set off against the total period of conviction, as per section 428 Cr.P.C.
2. The case of the prosecution's case was that in December 2018, when the victim, the daughter of the informant, went to stay in the house of the accused, the accused established a physical relationship with her by alluring her. It is further stated that the victim became pregnant as a result of the physical relationship established. The father of the victim had lodged an FIR, and Tinsukia P.S. case No. 739/2019 u/s 376 IPC was registered against the accused. On completion of the investigation, the I.0. submitted a ch
Significant inconsistencies in the victim's testimony, lack of corroborative evidence, and procedural errors undermine the credibility of the prosecution's case in rape convictions.
The victim's testimony, while pivotal, requires corroboration and must inspire confidence for a conviction in cases of sexual assault, particularly amidst family disputes.
Rape – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corroboration.
In rape cases, victim's testimony must be credible and reliable; inconsistencies can undermine a conviction.
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 Court established that minor contradictions in a victim's testimony should not discredit credible evidence in a rape case; corroboration is not mandatory if the victim's evidence inspires confide....
The court upheld the conviction of the accused for the offence of rape under Sec. 376(2)(f) IPC, emphasizing the reliability of the victim's testimony and the corroboration from medical evidence.
In a case of rape, conviction can be sustained basing on solitary testimony of prosecutrix – No undue leniency can be shown towards accused.
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
