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SABINA, SUSHIL KUKREJA
Bal Krishan – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
(Sushil Kukreja, J.)
1. The instant appeal filed under Section 374 (2) of Code of Criminal Procedure, lays challenge to the judgment/order of conviction/sentence dated 18.04.2018, passed by learned Additional Sessions Judge (I), Shimla, Camp at Rohru, H.P., in Sessions Trial No. 6R/ 7 of 2013, whereby the appellant/accused/convict, (hereinafter referred to as “the accused”), was convicted and sentenced to undergo rigorous imprisonment for three years under Section 66E of the Information and Technology Act (hereinafter referred to as “IT Act”) and to pay a fine of Rs.1,00,000/-( rupees one lac) and in default of payment of fine to further undergo simple imprisonment for three months. The accused was further sentenced to undergo rigorous imprisonment for a period of two years under Section 67 of the IT Act and to pay a fine of Rs. 1,00,000/-(rupees one lac) and in default of payment of fine to further undergo simple imprisonment for two months. The accused was also sentenced to undergo rigorous imprisonment for a period of ten years under Section 376 of the Indian Penal Code (hereinafter referred to as “IPC”) and to pay a fine of Rs. 50,000/- (rupees fifty thousand) and in
Section 375 defines rape: A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following d....
The conviction for rape and trespass was upheld based on credible witness testimony, and the sentence was reduced considering the time elapsed since the crime.
Point of Law : Prosecution has failed to prove its case against the accused beyond reasonable doubt - Testimony of prosecutrix is infirm, contradictory and doubtful, which does not inspire confidence....
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
The court affirmed that a minor cannot consent to sexual acts and emphasized the importance of medical evidence and credible witness testimonies in rape cases.
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
In cases of sexual assault, delay in lodging FIR is not fatal if explained, especially when considering societal attitudes toward victims.
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