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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, R.POORNIMA
Hemaraj – Appellant
Versus
State Represented by the Inspector of Police, Viralimalai Police Station – Respondent
| Table of Content |
|---|
| 1. details of the criminal proceedings (Para 1 , 2 , 3 , 4) |
| 2. challenges to prosecution's case (Para 5 , 6 , 7) |
| 3. legal standards for test identification parade (Para 8) |
| 4. prosecution's response to defense claims (Para 9 , 10) |
| 5. prosecution evidence and witness credibility (Para 11 , 12 , 13 , 14 , 15) |
| 6. interpretation of witness testimonies (Para 16 , 17 , 18) |
| 7. trial court's findings (Para 19) |
| 8. dismissal of appeals (Para 20) |
JUDGMENT :
1. These appeals have been directed as against the Judgment passed in S.C.No.10 of 2021 on the file of the learned Principal District and Sessions Judge, Pudukkottai, dated 12.07.2022, thereby convicting the accused for the offences punishable under Section 394 r/w 397 of I.P.C.
3. In order to bring the charges to home, the prosecution had examined P.W.1 to P.W.10 and marked Ex.P1 to P23. The prosecution also produced Material Objects M.O.1 to M.O.6. On the side of the accused, no witnesses were examined and Ex.D.1 was marked.
5. The learned counsels appearing for the respective appellants submitted that after the occurrence, the victim went to a private hospital and made a statement that she was raped and robbed by four unknown person
Identification in court serves as primary evidence, with errors in pre-trial identifications not automatically rendering testimonies invalid if verifiable by corroborating evidence.
Appellate interference in acquittal justified only if perverse or unreasonable; unexplained FIR delay, absent test identification parade, omnibus allegations, and dubious night identification uphold ....
The prosecution failed to establish the appellants' guilt beyond a reasonable doubt due to inconsistencies in witness testimonies and procedural irregularities in identification parades.
The evidence of a victim of sexual assault stands almost at par with the evidence of an injured witness and is entitled to great weight. The delay in the test identification parade was not fatal to t....
Dock identification of unknown accused by witnesses without prior test identification parade is unreliable for conviction, especially with witness contradictions and evidentiary doubts.
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