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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Justice Pradeep Kumar Srivastava, J
Lalu Mian, son of Ludin Mia – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
1. The present appeal has been file for setting aside the judgment of conviction dated 06.12.2006 and order of sentence dated 08.06.2006 passed by learned Additional Sessions Judge-III, FTC, Dumka in Sessions Case No.392 of 2003 whereby and whereunder, the appellant has been held guilty for the offences under section 376 of Indian Penal Code and sentenced to undergo R.I. of 7 years along with fine of Rs.3.000/- with default stipulation.
FACTUAL MATRIX
2. Factual matrix giving rise to this appeal is that the husband of the informant namely Hamid Miya lodged a written report with allegation that at about 8 O’ clock at night of 27.03.2001, the present appellant entered into the house of the informant and committed rape with his wife in his absence. When the informant returned to his house, then his wife told about the above incidence. It is further alleged that due to life threatening given by the appellant, his wife did not inform the above incidence to any of the villagers.
3. On the basis of above information, an FIR being Shikaripara P.S. Case No.26 of 2001 was registered for the offence under section 376 of IPC . The police conducted thorough in
The testimony of a victim, while critical, must be corroborated by independent evidence to ensure reliability in conviction.
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 conviction for attempted rape was reversed due to unreliable witness testimony and lack of corroborative evidence.
The victim's credible testimony is sufficient for conviction under rape despite lack of medical evidence or hostile witnesses' corroboration.
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.
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 court ruled that contradictory evidence and lack of corroboration in a sexual assault case necessitate overturning a conviction, reinforcing the importance of reliable testimony and medical evide....
Conviction for rape requires corroboration of the victim's testimony, especially when medical evidence contradicts the claims, highlighting the need for strict proof in serious charges.
The prosecution must prove the accused's guilt beyond reasonable doubt, and contradictions in the informant's testimony, along with lack of corroborative evidence, necessitate acquittal.
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