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JHARKHAND HIGH COURT, RANCHI
PRADEEP KUMAR SRIVASTAVA
Uttam Pandit, Son of Dinanath Pandit – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Pradeep Kumar Srivastava, J.)
1. Heard learned counsel for the parties.
2. Present criminal appeal is preferred against the judgment of conviction dated 30.05.2005 and order of sentence dated 31.05.2005 passed by learned Additional Sessions Judge-I, Rajmahal in Sessions Case No. 40 of 2004 / Sessions Trial No. 02 of 2004, whereby and whereunder, the appellant has been held guilty for the offence under Section 376 of the I.P.C. and sentenced to undergo R.I. of seven years along with fine of Rs. 2,000/- with default stipulation.
FACTUAL MATRIX
3. The factual matrix giving rise to this appeal is that in the night of 17.05.2003 the prosecutrix was sleeping in her house along with her two children and her husband had gone to fetch medicine from Village - Ghanjori. It is further stated that at about 11:00 PM, she went out of the house for easing herself, meanwhile, accused Uttam Pandit entered into her room and she identified him in the torch light. She tried to raise alarm, but the accused caught hold of her hand, gaged her mouth and pushed on the cot. The informant resisted then accused threatened her to kill and forcibly committed rape with her. It is further alleged that bro
The victim's credible testimony is sufficient for conviction under rape despite lack of medical evidence or hostile witnesses' corroboration.
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 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 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 testimony of a victim, while critical, must be corroborated by independent evidence to ensure reliability in conviction.
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.
For a conviction in a rape case based solely on the testimony of the prosecutrix, such evidence must be corroborated, consistent, and of 'sterling quality'; absence of medical evidence and inconsiste....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
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