Back
SABINA, SATYEN VAIDYA
Jagdish Chand Alias Jaggi Son Of Shri Paras Ram – Appellant
Versus
State Of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
The appellant has assailed judgment and sentence dated 18.01.2018 passed by learned Additional Sessions Judge (II), Kangra at Dharamshala (H.P.) in Sessions Trial No. 3- G/VII/2016, whereby the appellant has been convicted and sentenced as under:-
| Offence(s) | Substantive sentence | Fine | Default Punishment. |
| 376(1) of the IPC | Rigorous imprisonment for 10 years | Rs.50,000/- | Rigorous imprisonment for one year |
| 506 of the IPC | Rigorous imprisonment for three years | Rs. 10,000/- | Rigorous imprisonment for six months. |
All the sentences were ordered to run concurrently.
2. The prosecution case in brief was that on 06.10.2015, victim submitted a written complaint, Ex.PW4/A to SHO, Police Station Jwalamukhi, District Kangra, H.P. alleging therein that she was resident of Village Bhoran Chanalti, P.O. Silh, Tehsil Jwalamukhi, District Kangra, H.P. She was residing with her parents, both of whom were working. She was from a poor family. On 25.09.2015, she was alone at home as her parents had gone out for work. At
Point of Law : Mere delay in lodging of first information report does not in any way render prosecution version brittle.
The prosecution must prove its case beyond a reasonable doubt; inconsistencies in testimony and delay in reporting undermine credibility.
The need for corroboration in cases based solely on the victim's testimony, especially in cases of inordinate delay in lodging the FIR, and the importance of fair consideration for both the victim an....
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
The judgment reinforces the importance of corroborative evidence in sexual assault cases, particularly when the victim is a minor, and clarifies the legal standards for assessing credibility and dela....
Delay in lodging FIR and discrepancies in victim's testimony raise doubts; conviction cannot stand on sole basis of victim's statement without corroborative evidence.
The presumption of guilt under the POCSO Act requires a solid evidentiary foundation, which was not established in this case, leading to the acquittal of the accused.
Victim testimony in sexual assault cases, when corroborated by medical evidence, holds substantial weight, and delay in reporting does not undermine credibility. Legal presumptions protect victims du....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
