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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Anand Kumar Mahto, Son of Ram Subuman – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
1. Both the instant criminal appeals are preferred for setting aside the judgment and order of conviction and sentence dated 30.04.2003 passed by the learned Addl. Sessions Judge-II, West Singhbhum at Chaibasa in S.T. No. 75 of 2002 whereby and whereunder the appellants have been held guilty and sentenced to undergo R.I. for 10 years along with a fine of Rs. 1000/- each with default stipulation for the offence under Section 376 (2)(g) of the Indian Penal Code.
2. We have already heard the arguments of Mr. B.M. Tripathy, learned Sr. counsel and Mr. R.P. Gupta, learned counsel for the appellants and learned APP for the State.
Factual Matrix:-
3. The factual matrix giving rise to these appeals is that the informant-cum-victim aged about 14 years was a student of class-VI. On 03.12.2001, at about 4:00 PM, the victim girl proceeded to her village Jharbera from Gopipur to bring grocery articles etc. on her cycle. It is alleged that when she reached near Trila Chowk, she met with one Javni Toppo (P.W.-2), aged about 18 years and gave lift to her on her cycle. It is further alleged that near Raikera, both the girl alighted from the cycle and started movin
In criminal cases of sexual assault, the reliability of witness testimonies and timely reporting are crucial; unexplained delays and contradictions can lead to acquittal.
Credible testimony of the victim in sexual assault cases can suffice for conviction even without corroborating medical evidence, particularly in gang rape situations where evidence may be challenging....
The weight of victims' evidence in cases of sexual assault and the minor lapses in investigation such as delay in filing the FIR and lack of independent witnesses.
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 reliability of witness statements and the importance of corroborating evidence in criminal cases.
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
The main legal point established in the judgment is the requirement for the prosecution to prove cases of abduction and rape beyond reasonable doubt, especially when relying on the sole testimony of ....
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
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