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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Khuchru Marandi, son of late Suna Marandi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
This Criminal Appeal has been filed on behalf of the appellant challenging the judgment of conviction dated 16.07.2005 and sentence dated 20.07.2005 respectively passed by Sri Anant Kumar Singh then learned Additional Sessions Judge—I Sahibganj in S.C. No. 296 of 1985 by which the appellant was convicted for the charge under section 376 of the I.P.C. and sentenced to undergo R.I. for seven (07) years for the offence under section 376 of the I.P.C and to pay the fine of Rs. 2000/-.
However the learned Court below has acquitted one Bhado Marandi for the charge under section 342 of I.P.C.
2. The prosecution case, in brief, as recorded by A.S.I. R.M.Singh at 12.00 P.M. is that in the night of 01/03/1984 while the Informant alongwith her husband and mother-in-law had gone to visit the Shivratri Mela around 8:00 pm in the village Pathalgatta and that while going round the mela she and her mother-in-law were separated from her husband and in course of search for her husband and mother-in-law in mela she was forcibly dragged towards the western field below palm-tree and the Informant was forcibly raped by accused Khuchru Marandi. It has further been alleged that while she and her m
The conviction for rape can stand on the sole testimony of the victim if it inspires confidence, despite deficiencies in the investigation process.
The evidence of a prosecutrix must be credible and consistent for a conviction in rape cases; contradictions and lack of supporting evidence can lead to acquittal.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
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....
Point of Law : Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on th....
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.
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 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 main legal point established in the judgment is the requirement for credible and unimpeachable testimony, as well as the need for corroboration in cases of sexual assault.
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