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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Arun Kumar Rai
Ravi Mahato, son of Sri Munnilal Mahato – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Arun Kumar Rai, J.
1. Heard Mr. Naveen Kumar Jaiswal, learned counsel appearing on behalf of the appellant and Mr. V. S. Sahay, learned A.P.P. for the State.
2. This appeal is directed against the judgment of conviction dated 23.04.2008 and the order of sentence dated 25.04.2008 passed by learned Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 250 of 2007 whereby and whereunder, the appellant has been convicted and sentenced to undergo R.I. for five years for the offence under Sections 376 /511 of IPC along with a fine of Rs. 5,000/- and rigorous imprisonment for one year under Section 448 of IPC and R.I. for one year under Section 323 of IPC and all the sentences were directed to run concurrently.
3. In the present case, F.I.R. has been registered on the written report dated 19.07.2007 by father of victim who allegedly stated therein that on last Thursday i.e. on 12.07.2007 at about 10:30 P.M., Ravi Mahato (appellant herein) entered into his house and extinguished Diya and pressed mouth of his daughter with bad intent, while she was sleeping as he himself and other family members went to water tap to clean their hands and legs. When victim shouted, th
The court clarified the distinction between attempted rape and assault, ruling that the appellant's actions constituted assault under IPC Section 354, not attempted rape under Section 376.
Conviction under Section 354 of IPC upheld when testimonies of victim and witnesses were consistent and reliable, distinguishing preparation from an attempt in sexual offences.
In rape and kidnapping cases, delays in lodging FIR due to familial considerations are acceptable; the victim's credible testimony can establish the offence of attempted rape even without penetration....
The court affirmed that a victim's testimony, especially from a minor, can suffice for conviction in sexual assault cases, even without medical corroboration.
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
Consent given by a mentally unsound person is invalid in law, and the delay in lodging an FIR in rape cases does not automatically undermine the prosecution's case if satisfactorily explained.
Point of law: Rape case - Conviction - Sentence of life imprisonment set aside - No justification for the trial court while convicting accused-appellant for offence under Section 376 IPC to sentence ....
The victim's testimony, while pivotal, requires corroboration and must inspire confidence for a conviction in cases of sexual assault, particularly amidst family disputes.
The evidence of the victim was found to be trustworthy and credible, and the delay in lodging the F.I.R. did not affect the credibility of the prosecution version. The court confirmed the conviction ....
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