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ANANDA SEN
Jamaluddin Ansari @ Jamal Ansari S/o Jahir Ansari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
1. The appellant has preferred this appeal against the judgment of conviction and order of sentence dated 16th July, 2012 passed by the Sessions Judge, Bokaro in Sessions Trial No. 292 of 2006, arising out of B.S. City Police Station Case No. 109 of 2006, corresponding to G.R. No. 489 of 2006, whereby and whereunder, the appellant has been convicted for offences under Sections 366 and 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years and a fine of Rs.3000/- for committing the offence punishable under Sections 366 of the Indian Penal Code and to undergo rigorous imprisonment for seven years and a fine of Rs.3000/- for committing the offence punishable under Section 376 of the Indian Penal Code and in case of default of payment of fine, sentenced to undergo further simple imprisonment of 15 days each.
2. Learned counsel appearing on behalf of the appellant submitted that there is no material and evidence to convict the appellant. It is his contention that the prosecution has miserably failed to bring home the charges against the appellant. He submits that the victim girl left her home on her own wish and remained wit
The conviction for kidnapping and rape was upheld based on the reliable testimony of the victim, who was underage, making consent irrelevant.
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
The judgment reinforces the legal principle that the exploitation of a position of trust, particularly by a teacher towards a minor, constitutes a serious offense under both the IPC and the POCSO Act....
The victim's testimony alone can suffice for conviction in rape cases, as corroboration is not mandatory if the testimony is credible.
The testimony of a victim in sexual assault cases can be sufficient for conviction if corroborated by credible evidence, including medical reports.
The victim's testimony in cases of sexual assault is entitled to great weight, and corroboration is not always necessary for judicial reliance.
The Court ruled that evidence of school records is primary for establishing age in sexual offense cases, and a minor's consent is irrelevant. Conviction under Section 366A was modified to Section 363....
Consent of minors is not legally relevant; the offence of rape established through credible victim testimony and corroborative evidence.
The conviction for rape was upheld based on consistent victim testimony, while the conviction for kidnapping was set aside due to insufficient evidence of intent.
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