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Ishfaq Ahmad Khan – Appellant
Versus
State of J&K – Respondent
Judgment :
Appellant herein feeling aggrieved of the judgment and order dated 30.07.2019 passed by learned Additional Sessions Judge, Anantnag in the case No.76/ASJ, whereby he has been convicted for the commission of offence punishable under Section 376(2)(i) RPC and sentenced to rigorous imprisonment for ten years and a fine of Rs.50,000/-, and in default of payment of fine, to undergo further imprisonment for a period of six months.
2. The judgment and order impugned have been assailed on the ground that the appellant had been falsely implicated in the case by the father of the prosecutrix for dispute over some payments between them; that the trial court has relied upon the statement of prosecutrix, though her statement did not inspire confidence to base conviction; that the prosecution had examined most of the witnesses from the family of the prosecutrix only, and their statements are of no corroboration with that of the statement of prosecutrix; that the evidence of medical examination suggested that there was no evidence of fresh sexual intercourse when the prosecutrix was examined on 07.01.2017 though she was alleged to have sexually ravished during previous night and also the
: Statement of child witness had to be considered with all circumspection to rule out child being tutored for false implication of some person.
The main legal point established in the judgment is the importance of prompt reporting, medical evidence, and the credibility of the prosecutrix and her family in cases of sexual assault involving me....
The need for trustworthy and corroborating evidence in cases of sexual offenses, especially when the victim is a minor.
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.
The need for unassailable evidence, especially in cases of sexual offenses, and the potential for false allegations.
The testimony of the victim of sexual assault is vital and can be relied upon without corroboration, and delay in lodging a complaint does not necessarily indicate falsehood.
The testimony of the victim of sexual assault is vital and more reliable than that of an injured witness. Conviction can be founded on the testimony of the prosecutrix alone unless there are compelli....
Offence of Rape - Conviction Upheld - Reliability of statement of prosecutrix/victim - Statement of prosecutrix, if found to be worthy of credence and reliable, requires no corroboration - Court may ....
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