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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Nand Lal alias Nandu – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. prosecution alleges nighttime house entry and assault attempt. (Para 1 , 2 , 3) |
| 2. trial examines witnesses; accused denies via enmity. (Para 4 , 5 , 6) |
| 3. trial court convicts under sections 452, 354 ipc. (Para 7) |
| 4. appeal claims contradictions, delay, planted evidence. (Para 8 , 10) |
| 5. state supports trial court conviction. (Para 11) |
| 6. victim discrepancies immaterial if testimony rings true. (Para 13 , 14 , 15 , 16) |
| 7. fir delay in sexual cases not fatal. (Para 17 , 18 , 19) |
| 8. non-examined witnesses draw no adverse inference. (Para 20 , 21 , 22 , 23 , 24) |
| 9. no injuries do not discredit victim testimony. (Para 25 , 26) |
| 10. defense witness evidence hearsay or irrelevant. (Para 27 , 28 , 29 , 30) |
| 11. denied suggestions prove no defense. (Para 31 , 32) |
| 12. slipper recovery unchallenged, corroborates prosecution. (Para 33 , 34 , 35 , 36 , 37) |
| 13. house trespass and modesty outrage proved. (Para 38) |
| 14. appeal dismissed; sentence upheld. (Para 39 , 40 , 41) |
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment of conviction dated 28.03.2013 and order of sentence dated 30.03.2013, passed by learned Sessions Judge, Mandi, District Mandi, H.P. (learned
Victim's credible testimony in sexual offence cases suffices despite minor discrepancies from cross-examination/illiteracy, FIR delay in conservative society, absent injuries; corroborated by matchin....
In appeals against acquittal, interference only if perverse or no reasonable view supports acquittal; unexplained FIR delay, material improvements in victim's testimony, and lack of corroboration jus....
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
The sole testimony of a victim in a rape case can sustain a conviction if found credible, regardless of the existence of physical evidence or corroborating witnesses.
Rape – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corroboration.
The Court established that minor contradictions in a victim's testimony should not discredit credible evidence in a rape case; corroboration is not mandatory if the victim's evidence inspires confide....
Appellate interference with acquittal only if perverse, misreading evidence, or no reasonable acquittal view possible; unexplained FIR delay, witness contradictions, inconclusive medicals justify uph....
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
Rape conviction quashed due to unreliable victim testimony with inconsistencies and improvements, manipulated age records doubting minority, absent medical evidence despite multiple claims, unexplain....
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