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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Dukru Soy @ Chokro Soy S/o Durga Soy – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT
By Court:
Heard the parties.
1. The appellant has preferred this appeal against the judgment of conviction dated 15.09.2017 and order of sentence dated 16.09.2017 passed by the Additional Sessions Judge-I, West Singhbhum at Chaibasa in G.R. (POCSO) Case No. 54 of 2015, whereby the appellant has been held guilty and convicted for the offence punishable under Sections 363, 376(2)(i) and 379 of Indian Penal Code and Section 4 of POCSO Act and he has been sentenced to undergo rigorous imprisonment for fifteen years and a fine of Rs.10,000/- under Section 376(2)(i) of IPC and has been further sentenced to undergo rigorous imprisonment for five years and a fine of Rs.5,000/- under Section 363 of IPC and two years and a fine of Rs. 1000/- under Section 379 of IPC. All the sentences were ordered to run concurrently.
2. Mr. Anjani Kumar, learned counsel for the appellant, submits that there is no independent witness to support the prosecution case. As per the prosecution case, at the time of occurrence the victim had accompanied one Jema Soy but said Jema Soy has been declared hostile. As per the prosecution case, one Motu Biruli was also present with Jema Soy but the prosecution has n
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
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 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.
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....
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 sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
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....
The main legal point established is that the testimony of the victim/prosecutrix can be the sole basis for conviction in cases of sexual assault, without the need for corroboration, if found trustwor....
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