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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Justice Pradeep Kumar Srivastava, J
Md. Kalim Uddin, Son Of Late Usman Mian – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
KUMAR SRIVASTAVA JUDGEMENT, J.
1. Present appeal has been filed for setting aside the judgment of conviction and order of sentence dated 26.09.2006 and 27.09.2006 respectively passed by learned Additional Sessions Judge-FTC, Koderma in Sessions Trial No.405 of 1997 arising out of Jainagar P.S. Case No.18 of 1997 (G.R. No.16 of 1997) whereby and whereunder, the appellant has been held guilty for the offence under sections 376 r/w 511 of Indian Penal Code and sentenced to undergo R.I. of 5 years.
FACTUAL MATRIX
2. Factual matrix giving rise to this appeal is that on 04.04.1997 at about 8:30 P.M., the informant-victim went out from her house to fetch water from the government hand pump and after taking water, as the victim set to return back to her house, the accused Kallu Mian uplifted her from behind. Upon raising alarm, other co-accused Faguni Mian gagged her mouth while the accused Minhaj Mian was watching the movement of villagers. In course of uplifting the victim, the bucket fell down from her hand, then hearing the sound of falling bucket, father of victim came out from the house and started shouting calling who is there, meanwhile, all accused persons took the victim i
The conviction for attempted rape was reversed due to unreliable witness testimony and lack of corroborative evidence.
The testimony of a victim, while critical, must be corroborated by independent evidence to ensure reliability in conviction.
In criminal cases of sexual assault, the reliability of witness testimonies and timely reporting are crucial; unexplained delays and contradictions can lead to acquittal.
The court affirmed that credible testimony of a victim is sufficient for conviction in sexual offences, even in absence of corroborating medical evidence, while also considering age and reformation i....
The sole testimony of a victim in a rape case can sustain a conviction if found credible, regardless of the existence of physical evidence or corroborating witnesses.
The prosecution failed to establish credible evidence for the conviction of rape and wrongful confinement, leading to the appeal's success and the quashing of the trial court's judgment.
In rape cases, victim's testimony must be credible and reliable; inconsistencies can undermine a conviction.
The evidence of the victim should be examined with sensitivity, and minor discrepancies should not lead to the rejection of her testimony. The Court has a responsibility to consider the broader proba....
The court upheld the conviction based on the credible testimony of the minor victim, emphasizing that minor inconsistencies do not undermine her credibility.
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