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A. BADHARUDEEN
Biju Abraham Abraham John – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. contradictions in evidence (Para 7) |
| 2. reliability of victim's testimony (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 3. modesty of women (Para 18 , 19 , 20 , 21) |
| 4. sentence modified (Para 22 , 23 , 24) |
ORDER :
Accused Nos.1 and 2 who were found guilty for the offence punishable under Section 354 r/w Section 34 of the Indian Penal Code (for short, ‘the IPC’ hereinafter) in C.C.No.371/2011 on the files of the Judicial First Class Magistrate Court-I, Pathanamthitta, being aggrieved by the said conviction and sentence, had approached the Additional Sessions Court, Pathanamthitta by filing Crl.A.No.11/2023 and by judgment dated 31.8.2024, the learned Additional Sessions Judge confirmed the conviction and sentence. Challenging the concurrent verdicts, this revision has been filed.
2. Heard the learned counsel for the revision petitioners and the learned Public Prosecutor appearing for the respondent.
3. I shall refer the parties in this revision as ‘prosecution’ and ‘accused’ for easy reference, hereafter.
4. The prosecution case is that, in furtherance of common intention shared by the accused to outrage the modesty of the de facto complainant, at about 8.00 p.m. on 18.9.2011 while t
The absence of independent witnesses does not negate the reliability of a victim's testimony, and minor discrepancies do not undermine the core of the case.
The court established that inconsistencies and lack of corroborative evidence can lead to the acquittal of an accused in cases of alleged sexual offenses.
In cases of alleged offenses under Section 354 IPC, the prosecution must establish the charge beyond reasonable doubt, and testimonies of victims carry significant weight, with delays in lodging FIR ....
The court established that a victim's testimony must be consistent and corroborated to sustain a conviction for charges of outraging modesty.
The court upheld the conviction under Section 354 IPC, concluding that the appellant's actions constituted an outrage of modesty, supported by the victim's testimony and corroborating evidence.
Substantive sentence can be reduced if incident is old one.
The conviction under Section 354 IPC was upheld based on the credible testimony of the victim, while the sentence was reduced from five to three years due to mitigating circumstances.
Procedural lapses in the recording of victim statements do not invalidate the prosecution's case if sufficient evidence independently establishes guilt beyond reasonable doubt.
A landlord's unwelcome entry into a tenant's room and use of criminal force to touch her body constitutes an offense under Section 354 IPC, affirming the principle that intention can be inferred from....
Procedural lapses in recording victim statements do not invalidate prosecution if evidence sufficiently proves guilt beyond reasonable doubt.
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