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NAVNEET KUMAR
Chota Raju @ Raju Machuwa – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This criminal appeal is directed against the Judgment of conviction dated 08.06.2004 and order of sentence dated 11.06.2004 passed by learned Additional Judicial Commissioner, (FTC-VIII), Ranchi in Sessions Trial No.362 of 2003/Trial No. 27 of 2003, whereby and where under, the sole appellant has been convicted for the offence punishable under Section 366/34 and Section 452/34 of IPC and sentenced to undergo R.I. for 7 years under section 366/34 of IPC. He is further sentence to pay a fine of Rs. 2000/- (Rupees Two thousand) and in default of payment of fine, he is directed to undergo R.I. for 6 months. The convicted accused appellant is further sentenced to undergo R.I. for two years under section 452/34 IPC and he is also sentenced to pay a fine of Rs. 1000/- (Rupees one thousand) and in default of payment of fine, he is directed to undergo R.I. for 3 months and all the sentences were directed to run concurrently. However, the period of detention undergone by the convicted accused during the investigation, inquiry or trial shall be set off against the substantive sentence awarded to him.
2. The prosecution story arose in the wake of written report of the informant Rag
The prosecution must prove the specific intent and compulsion required for the offences under Section 366 and Section 452 of the IPC. Thorough investigation and the recording of the victim's statemen....
The court affirmed the importance of credible evidence in sexual offense cases against minors while upholding the conviction for unlawful abduction but not for rape due to lack of proof.
Offence under Section 366 of IPC, 1860 relating to kidnapping/abducting the victim girl by inducing her to compel marriage with him. But the essential ingredients of the offences is that a person bei....
The main legal point established is the requirement for the victim's testimony to inspire confidence and be trustworthy in cases of sexual assault, and the need for corroborating evidence to affirm c....
In a criminal trial, testimony of official witness needs to be subjected to strict scrutiny and as far as possible same shall be corroborated in material particulars and evidence of independent witne....
The central legal point established in the judgment is the requirement for clear and consistent evidence to establish the elements of a criminal offense, particularly regarding the age of the victim ....
For a conviction under Section 364-A IPC, the prosecution must prove both the act of kidnapping and the existence of a threat to cause death or injury, as both elements are conjunctively required by ....
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