Offence
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R. PONGIAPPAN
Muniraj – Appellant
Versus
State, Rep. by All Women Police Station, Krishnagiri – Respondent
JUDGMENT
(Prayer: Criminal Appeal filed under Section 374 of the Code of Criminal Procedure, to set aside the conviction and sentence dated 05.02.2019 passed by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri, in S.C.No.135 of 2016.)
1. The present criminal appeal has been filed by the appellants to set aside the judgment of conviction and sentence dated 05.02.2019 passed by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri, in S.C.No.135 of 2016.
2. The appellants are arrayed as Accused Nos.1 and 2 in the above referred case. They stood charged for the offence under Sections 506(i), 354, 376(2)(l) of IPC. By judgment dated 05.02.2019, the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri, came to the conclusion that the appellants are found guilty under Sections 450, 506(i), 354(B), 376(2)(l) and 376(2)(n) of IPC, convicted and sentenced them as follows:
| Offence | Sentence |
| 450 IPC | to undergo rigorous imprisonment for ten years and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for one year. |
| 506(i) IPC | to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/-, in default to underg |
As per definition of Section 361 of IPC, if a minor was abducted from guardian, it amounts to an offence punishable under Section 363 of IPC.
The need for reliable and consistent evidence to establish guilt beyond reasonable doubt.
The court established that videography is mandatory for testimonies of witnesses with communication impairments to ensure authenticity and reliability.
Kidnapping and rape – Reliance on emotional state of victim as a proxy for corroboration of allegations would be both legally unsound and procedurally inappropriate.
A conviction for sexual assault can rely solely on the victim's testimony if credible, without needing corroboration unless compelling reasons exist.
The court emphasized that prosecution must prove guilt beyond a reasonable doubt, and inconsistencies in testimonies and lack of medical evidence prohibited sustaining the conviction.
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
The testimony of a victim in cases of sexual offences is vital and can be relied upon without corroboration, unless there are compelling reasons to seek corroboration.
In cases of sexual offenses, the victim's testimony alone can be sufficient for conviction, and the victim's testimony should be given weight without always seeking corroborative evidence.
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