HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
Madan Son Of Ramnarain Meena – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. conviction for rape (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defense arguments on identification (Para 7 , 8 , 9) |
| 3. credibility of prosecutrix (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. prosecution's burden of proof (Para 30 , 31 , 32 , 33 , 34) |
| 5. judgment quashed (Para 35 , 36 , 37 , 38 , 39) |
Judgment :
2. By passing the impugned judgment, the appellants have been convicted for the offence under Section 376 IPC and they have been sentenced to undergo 10 years rigorous imprisonment (for short 'RI') with fine of Rs.500/- each and in default of payment of fine to further undergo one month's additional RI. They have also been convicted for the offence under 447 IPC and sentenced to undergo three months RI.Both the sentences were ordered to run concurrently.
4. Upon this report, Crime No.142/1989 was registered with the Police Station Chaksu for the offences under Section 376(2), 379 and 34 IPC. After completion of the investigation, charge-sheet was submitted against the appellants for the offence under Section 376 IPC. Thereafter, charges were framed against the accused-appellants for the above offences. The accuse


The prosecution must prove each element of a rape charge beyond reasonable doubt, and failure to conduct a Test Identification Parade undermines the reliability of witness identification.
So far as allegations of rape are concerned, the evidence of a prosecutrix must be examined as that of an injured witness whose presence at spot is probable but it can never be presumed that her stat....
The conviction for rape based solely on the prosecutrix's testimony was quashed due to inconsistencies and lack of corroborative evidence, emphasizing the need for reliable and corroborated testimony....
Conviction for rape requires corroboration of the victim's testimony, especially when medical evidence contradicts the claims, highlighting the need for strict proof in serious charges.
Hon’ble Supreme Court has held that in the cases where there are serious doubts regarding the sexual intercourse, the benefit of doubt has been provided upon the accused.
: Non-examination of Investigating Officer may cause dent in prosecution case.
The main legal point established in the judgment is the requirement for credible and unimpeachable testimony, as well as the need for corroboration in cases of sexual assault.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.