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RAJNESH OSWAL, MOHAN LAL
Rakesh Kumar – Appellant
Versus
State of J & K – Respondent
JUDGMENT :
Mohan Lal, J.
1. Appellant/convict has preferred this criminal conviction appeal under section 410 Cr.P.C. against impugned judgment and order of conviction dated 01.03.2016 rendered by the court of learned 3rd Additional Sessions Judge, Jammu (Fast Track Court) in case titled "State v. Rakesh Kumar" for the commission of offences punishable under section 376 RPC bearing FIR No. 41/2013 of Police Station Bishnah, whereby appellant/convict has been sentenced to suffer rigorous imprisonment for 12 years and fine of Rs. 1,00,000/-.
2. Feeling aggrieved by the impugned judgment of conviction and order dated 01.03.2016,appellant/convict has questioned its legality, propriety and correctness, and has sought its setting aside/quashment on the following grounds:-
(ii) that the bare perusal of the FIR reveals the fact that the al
The main legal point established in the judgment is the importance of corroborative evidence in rape cases and the principle that serious infirmities and inconsistencies in the evidence of the prosec....
The prosecution must prove an accused's guilt beyond reasonable doubt, and significant delays or contradictions in testimonies can undermine a conviction.
The conviction for rape based solely on the prosecutrix's testimony was quashed due to inconsistencies and lack of corroborative evidence, emphasizing the need for reliable and corroborated testimony....
The main legal point established in the judgment is the requirement for consistency and corroborative evidence in proving criminal charges. The court emphasized the need for witness statements to ins....
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....
The court established that in cases of sexual assault, the victim's testimony must be corroborated by credible evidence, and any significant contradictions or lack of medical evidence can lead to the....
The judgment establishes that the sole testimony of a prosecutrix in a rape case must be credible and consistent; otherwise, it cannot be relied upon for conviction, especially in the absence of corr....
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
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