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PUSHPENDRA SINGH BHATI
Deva And Anr. – Appellant
Versus
State – Respondent
JUDGMENT
1. This criminal jail appeal has been preferred against the judgment dated 08.02.1994 passed by the learned Additional Sessions Judge, Udaipur in Sessions Case No.93/93, whereby the accused-appellants were convicted for the offences under Sections 366 and 376 IPC; for the offence under Section 366 IPC, each of the accused-appellants were ordered to undergo two years rigorous imprisonment and a fine of Rs.200/- each, in default of payment of which, each of them were to undergo further one month’s imprisonment and; for the offence under Section 376 IPC, each of the accused-appellants were ordered to undergo five years rigorous imprisonment and a fine of Rs.500/- each, in default of payment of which, each of them were to undergo further two month imprisonment; both the sentences were to run concurrently.
2. Brief facts of this case, as noticed by this Court, are that on 26.03.1993 at about 03:00 p.m., one Sita Bai (complainant/prosecutrix) lodged a report before the Police Station, Kurabad, District Udaipur to the effect that after Holi festival, prior to 6-7 days of lodging the report, while she departed from her village, while accompanying one Hanjaram, and reached to Kotda M
The importance of corroborating evidence and the victim's testimony in cases of sexual offenses.
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.
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....
A conviction cannot stand when the prosecutrix provides inconsistent statements affecting credibility.
Testimony of minor victim can be the basis for conviction despite medical evidence not supporting the claim.
The consistent testimonies of the prosecutrix, medical evidence, and the heinous nature of the crime were crucial in upholding the conviction of the accused.
Insufficient evidence and credibility issues warranted the reversal of the appellant's conviction for sexual offences under IPC.
The court established that inconsistent narratives and a lack of medical evidence undermine allegations of sexual assault, leading to the appellant's acquittal based on the principle of benefit of do....
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