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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Ramu Sanga @ Kariyappa @ Samu Sanga, son of Kajnu Munda – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J: This Criminal Appeal is directed against the judgment of conviction dated 20.01.2014 and order of sentence dated 23.01.2024 passed by learned Additional Judicial Commissioner-III-cum-FTC (CAW), Ranchi, in Sessions Trial No.707 of 2013, whereby, the appellant has been convicted under Sections 376(2) (i) of the Indian Penal Code and sentenced for rigorous imprisonment for ten years and fine of Rs.2000/-.
2. Learned counsel appearing on behalf of the appellant submitted that the Trial Court has not appreciated the oral evidence properly which led to the conviction of this appellant. In fact, none of the witnesses are the eye witness of the said occurrence and the case is based on circumstantial evidence. Even the mother of the victim is not an eye witness. He further stated that the other witnesses are the hearsay. He also stated that the Investigating Officer has not properly investigated this case and wearing apparels were not sent for FSL Examination. As per him the statement of the child cannot be believed as there are discrepancies in her evidence. From the evidences, it is apparent that the house of the appellant was locked from outside, thus there was no
The victim's testimony alone can suffice for conviction in rape cases, as corroboration is not mandatory if the testimony is credible.
The central legal point established in the judgment is the immateriality of the minor victim's consent in a rape case and the lack of requirement for corroboration in cases of sexual assault when the....
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The court affirmed that the victim's testimony, corroborated by medical evidence, is sufficient for conviction in rape cases, even with minor inconsistencies.
The conviction for rape can be upheld based solely on the victim's credible testimony, without the need for corroboration, unless significant doubts arise.
The court upheld the conviction for attempted rape based on the victim's testimony, corroborated by a witness and medical evidence, despite challenges regarding contradictions and lack of penetration....
The main legal point established in the judgment is the reliance on the consistency and reliability of the victim's testimony, the absence of prevarication, and the corroboration of evidence to estab....
A minor's consistent and corroborated testimony can alone suffice for conviction in sexual offence cases under POCSO, even amid investigative lapses.
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