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PUSHPENDRA SINGH BHATI
Birju – Appellant
Versus
State – Respondent
JUDGMENT
1. This criminal appeal under Section 374(2) Cr.P.C. has been preferred by the appellant claiming the following reliefs:
"It is, therefore, respectfully prayed that this appeal may kindly be allowed and the accused appellant may be acquitted under Section 376 of IPC and he may be set at liberty."
2. The matter pertains to an incident which occurred in the year 1990 and the present appeal has been pending since the year 1992.
3. Ms. Sapna Vaishnav, learned counsel for the appellant submits that on 02.03.1990, an incident took place, for which an FIR was reported on 03.03.1992 in which, the allegation of rape was alleged upon the accused appellant supported by the statement of PW-2-Nema Ram.
4. Learned counsel for the appellant has drawn attention of this Court to the statement of PW-1, in which, she has accepted that there was an altercation between her father and the accused. She has also accepted in her statement that she was beaten on that day, apart from allegation of rape.
5. Learned counsel for the appellant has also taken this Court to the evidence of PW-2 and submits that the version is doubtful to the extent that the uncle of the girl, rather than helping the prosecutri
The lack of medical evidence and the minor status of the accused can lead to the benefit of doubt in cases of rape allegations.
The central legal point established in the judgment is the requirement for the prosecutrix's testimony to be reliable and corroborated by medical evidence or surrounding circumstances in cases of rap....
In rape cases, conviction cannot solely rely on the uncorroborated testimony of the prosecutrix, especially when significant discrepancies and absence of physical evidence exist to support the claims....
The court established that in cases of sexual assault, the victim's testimony must be corroborated by credible evidence, and any significant contradictions or lack of medical evidence can lead to the....
The court applied sentencing principles of deterrence and correction, considering medical evidence and discrepancies in the prosecution's story to reduce the appellant's sentence.
The importance of corroborating the evidence of the prosecutrix with scientific evidence in cases of rape, and the presumption of innocence in favour of the accused in acquittal appeals.
The main legal point established is that in cases of sexual offences, the victim's testimony can be relied upon without corroboration if found to be credible and reliable. The absence of visible inju....
A gang rape conviction can stand under section 376(2)(g) when held collectively accountable for jointly committing the act despite the absence of physical injury on the victim.
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