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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Ramnandan Gaderi @ Ramanand Pal, S/o Madhu Pal – Appellant
Versus
The State Of Jharkhand – Respondent
JUDGMENT :
1. This Criminal Appeal has been filed on behalf of the appellant challenging the judgment of conviction dated 18.05.2007 and sentence dated 24.05.2007, passed in Sessions Trial No. 36 of 2006 by Shri Narendra Kumar Srivastava, then learned Sessions Judge, Lohardaga, by which the appellant has been convicted for the offence under Section 376 of the I.P.C. and sentenced to undergo R.I. for Seven (07) years and to pay a fine of Rs.15,000/- (Fifteen thousand) and in default of payment of fine, he was further sentenced to undergo R.I. for Two (02) years. However, the learned Trial Court has further directed that both the sentences will run consecutively and the fine, if so recovered, will be paid to the minor prosecutrix, i.e. the Victim Girl ‘X’ for her welfare and need. It was further directed that the period undergone by the Convict in course of investigation and trial will be deducted from the main sentence.
2. The prosecution case, in brief, is that on 23.12.2005, while the prosecutrix [(Name not mentioned in this judgment in the light of the judgment of the Hon’ble Supreme Court in the case of “Nipun Saxena and another v. Union of India and others” reported in (2019) 2 S
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 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 conviction for rape can stand on the sole testimony of the victim if it inspires confidence, despite deficiencies in the investigation process.
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....
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The judgment emphasizes the importance of assessing the evidence of hostile witnesses, relying on circumstantial evidence, and the duty of the court to search for the truth.
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