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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MITALI THAKURIA
Melason Marak, S/o. LT. Haren Chengma – Appellant
Versus
State Of Assam, Rep. By P.p., Assam – Respondent
| Table of Content |
|---|
| 1. overview of criminal procedure, initial litigation history, and factual case background. (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties' conflicting arguments regarding consent, the veracity of the prosecutrix's testimony, and the necessity of corroborating evidence. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. detailed judicial scrutiny and analysis of testimony provided by prosecution witnesses and medical evidence. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. evaluation of circumstantial evidence and rejection of the defense’s claim of false implication. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. legal standard regarding the reliability of a victim’s sole testimony in sexual assault cases and admissibility of conviction based thereon. (Para 31 , 32 , 33 , 34) |
| 6. formal court order dismissing the appeal and upholding the conviction. (Para 35) |
JUDGMENT :
MITALI THAKURIA, J.
Heard Mr. T. Deuri, learned counsel for the appellant. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam for the State respondent No.1. None is present to represent the respondent No.2.
2. This appeal has been preferred by the accused appellant against the judgment and order dated
A conviction for sexual assault can be sustained solely on the victim's testimony if it is found trustworthy, consistent, and credible. Mandatory corroboration is not required, and the absence of for....
The absence of medical evidence does not preclude conviction for rape if the victim's testimony is credible and consistent.
Consent given under a false promise of marriage is not considered valid consent, and the distinction between rape and consensual sex must be carefully examined based on the active and reasoned delibe....
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corrobor....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The evidence of a prosecutrix must be credible and consistent for a conviction in rape cases; contradictions and lack of supporting evidence can lead to acquittal.
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