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SANJAY PRASAD
Manoj Mahto, son of Narayan Mahto – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
(Sanjay Prasad, J.)
This Criminal Appeal has been filed on behalf of the appellant challenging the judgment of conviction dated 02.12.2008 and sentence dated 05.12.2008 passed by Sri M. C. Verma, learned Additional Sessions Judge, Fast Track Court No. 1, Bermo at Tenughat in connection with S. T. No. 116 of 2007 arising out of Bermo P. S. Case No. 10 of 2007 corresponding to G. R. No. 51 of 2007 by which the appellant-Manoj Mahto has been convicted for the offences under Sections 376 and 452 of the Indian Penal Code and has been sentenced to undergo R. I. for a period of seven (7) years and to pay fine of Rs. 1,000/- for the offence under Section 376 of the Indian Penal Code and has also been sentenced to undergo R. I. for a period of three (3) years and to pay fine of Rs. 500/- for the offence under Section 452 of the Indian Penal Code. However, both the sentences have been directed to run concurrently.
2. The prosecution case, in brief, is that on 17-01-07 S.I Fransis Indiwar (PW-8), with armed force was on patrolling duty and he, when reached near railway gate Phusro, found the people gathered over there and learnt that in the previous night, wife of one Suresh Rai was
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.
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
The conviction for rape can stand on the sole testimony of the victim if it inspires confidence, despite deficiencies in the investigation process.
The main legal point established in the judgment is the requirement for credible and unimpeachable testimony, as well as the need for corroboration in cases of sexual assault.
Point of Law : The chastity of a woman ruined as soon as such offence is committed, while in a civilized society, respect or reputation is a basic right. No member of society can afford to conceive t....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
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