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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ARUN KUMAR RAI
Rabindra Prasad @ Rabindra Prasad Bhagat S/O Sahdeb Prasad Bhagat – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. victim's testimony details the sexual assault. (Para 3 , 4 , 5 , 6) |
| 2. defense arguments highlight fir delay and victim's age. (Para 10 , 12 , 13) |
| 3. court finds victim's testimony credible, upholding conviction. (Para 30 , 32) |
| 4. court discusses implications of societal norms on reporting. (Para 35 , 38) |
JUDGMENT :
ARUN KUMAR RAI, J.
1. Heard Mrs. Neeharika Mazumdar, learned counsel appearing on behalf of the appellant and Ms. Kumari Rashmi, learned A.P.P. appearing on behalf of the State. However, no one appears on behalf of the informant.
2.The name of the victim, her parents, and her relatives is deliberately not being disclosed to protect the identity of the victim.
3.This appeal is directed against the judgment and order of sentence dated 20.11.2003 passed by learned 6th Additional District and Sessions Judge, Dumka in Sessions Case No. 139 of 2003 whereby and whereunder, the appellant has been convicted for the offence punishable under Section 376 of IPC and sentenced him to undergo RI for seven years.
4.The case of the prosecution is based upon the statement made by the victim before the Bada Babu, Masalia Police Station on 14.03.2002 at 13:15 hrs, wherein she has
The court upheld the conviction against the appellant based solely on the victim's credible testimony, emphasizing that societal pressures do not negate the legal obligation to report sexual offenses....
Rape conviction quashed due to unreliable victim testimony with inconsistencies and improvements, manipulated age records doubting minority, absent medical evidence despite multiple claims, unexplain....
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
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.
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 ....
Point of Law : The chastity of a woman ruined as soon as such offence is committed, while in a civilized society, respect or reputation is a basic right. No member of society can afford to conceive t....
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 conviction can be supported solely based on the credible testimony of the victim, especially when medical evidence is used to ascertain age in the absence of documents.
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
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