HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, CHANDRA PRAKASH SHRIMALI, JJ.
Saheb Ram @ Rajjo, S/o Malu Ram – Appellant
Versus
State of Rajasthan – Respondent
Judgment :
(Chandra Prakash Shrimali, J.)
1. The present appeal has been preferred by the accused/appellant viz. Saheb Ram @ Rajjo being aggrieved by the impugned judgment dated 04.07.1994 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Sri Ganganagar (hereinafter to be referred as the 'trial court') in Case No.4/94 (State of Rajasthan Vs. Saheb Ram @ Rajjo), whereby he was convicted for the offences under Section 376 of IPC read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as the ‘SC/ST Act’) and was sentenced to undergo life imprisonment with the fine of Rs.100/- and in default of payment of fine, to undergo one month’s additional simple imprisonment.
2. Before addressing the main issue, it is necessary to clarify that as per the law laid down by the Hon'ble Supreme Court in the case of Nipun Saxena Vs. Union of India (Writ Petition No.565/2012) : 2019 (2) SCC 703, the identity of minor as well as of an adult victim of rape/sexual abuse must be protected. Therefore, in the present case, the adult female victim of rape will be referred as t
The conviction for rape was upheld based on the prosecutrix's credible testimony, while the conviction under the SC/ST Act was quashed due to lack of evidence regarding the accused's knowledge of the....
Credible testimony of the victim can support a conviction if it is reliable, yet inconsistencies and lack of corroboration undermine allegations of sexual assault, leading to acquittal.
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 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.
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
The main legal point established is that the court relied on the victim's testimony, medical reports, and witness statements to establish the accused's guilt, emphasizing the victim's age, lack of co....
Point of Law : Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on th....
Point of Law : The chastity of a woman ruined as soon as such offence is committed, while in a civilized society, respect or reputation is a basic right. No member of society can afford to conceive t....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
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