Back
M. S. RAMESH, SUNDER MOHAN
Selvakumar – Appellant
Versus
State, Rep. by the Inspector of Police, All Women Police Station – Respondent
JUDGMENT :
M.S. RAMESH, J.
Prayer: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code to set aside the order of conviction passed by the Sessions, Fast Track Mahila Court at Ariyalur in S.C. No. 109 of 2019 dated 15.07.2022, under Section 376(2)(l)(n) of the Indian Penal Code, rigorous life imprisonment for the rest of his life and to pay a fine of Rs.25,000/- in default to undergo simple imprisonment for a period of 3 years and under Section 342 of the Indian Penal Code, rigorous imprisonment for a period of 1 year and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for a period of 3 months by allowing the present Criminal Appeal.
1. The appellant herein has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.25,000/- in default to undergo simple imprisonment for a period of 3 years for the offence under Section 376(2)(l)(n) of the Indian Penal Code (IPC) and to undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for a period of 3 months for the offence under Section 342 of IPC, through the judgment of the Fast Track Mahila Cou
The court established that videography is mandatory for testimonies of witnesses with communication impairments to ensure authenticity and reliability.
Testimony of a disabled victim without following proper evidential procedures cannot sustain a conviction, leading to modification of charges due to inconsistencies and procedural failures.
Point of law: Imposition of maximum punishment – Rape case - victim, a deaf and dumb girl was subjected to sexual assault by way of outraging her modesty by the accused taking advantage of her disabi....
The prosecution must prove its case beyond a reasonable doubt, and inconsistencies in the survivor's testimony led to the acquittal of the accused.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
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.
In cases of sexual assault, the victim's testimony is paramount, and the mental state of the victim does not diminish the credibility of her account; corroboration is not a strict requirement if the ....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
Witness unable to communicate verbally - Applicability of - Proviso of Section 119 of Evidence Act is applicable for witnesses, who cannot speak in language of court or otherwise able and can communi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
