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SANJAY DHAR
Farooq Ahmad Khan – Appellant
Versus
State of J&K – Respondent
| Table of Content |
|---|
| 1. overview of conviction and procedural background (Para 1 , 2 , 3 , 4) |
| 2. trial court's reliance on prosecutrix's testimony (Para 5 , 6) |
| 3. defense arguments highlighting flaws in the case (Para 7 , 10 , 11 , 12) |
| 4. prosecution's burden to prove minor status of prosecutrix (Para 18 , 19 , 21) |
| 5. analysis of consent in sexual encounter (Para 22 , 23 , 24) |
| 6. court's conclusions on the prosecutrix's testimony (Para 26 , 27) |
| 7. final ruling and consequence of proceedings (Para 28 , 29) |
JUDGMENT :
Sanjay Dhar, J.
1. The appellant has challenged judgment dated 20.12.2010 passed by learned Principal Sessions Judge, Bandipora, whereby he has been convicted for offence under section 376 RPC. Challenge has also been thrown to order dated 22.12.2010, whereby appellant has been sentenced to undergo seven years rigorous imprisonment and a fine of Rs. 10,000/- for commission of offence under section 376 RPC. In default of payment of fine, the appellant has been directed to undergo further simple imprisonment of two months.
2. Briefly stated, the prosecution case is that on 12.01.1985, Block Medical Officer, Bandipora, addressed a communication to Police Station, Bandipora, stating there
The court can base conviction on the sole testimony of the prosecutrix if it inspires confidence, but her testimony must be of sterling quality and free from contradictions and inconsistencies.
Credible testimony of the victim can support a conviction if it is reliable, yet inconsistencies and lack of corroboration undermine allegations of sexual assault, leading to acquittal.
The court established that a victim's testimony, while crucial, must be corroborated; contradictions in the prosecutrix's statements rendered the conviction unsafe.
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corrobor....
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.
The main legal point established is that the court relied on the victim's testimony, medical reports, and witness statements to establish the accused's guilt, emphasizing the victim's age, lack of co....
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