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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
Manigandan @ Adamani – Appellant
Versus
State by the Inspector of Police, Vellore North Police Station – Respondent
| Table of Content |
|---|
| 1. court's consideration of evidence and witness credence (Para 5 , 6 , 7 , 8 , 14 , 15) |
| 2. medical evidence corroborates sexual assault claims (Para 17 , 18 , 19 , 20) |
| 3. judgment confirms evidence meets legal standards (Para 21) |
| 4. conclusion dismisses appeals, upholds conviction (Para 22) |
JUDGMENT :
M. JOTHIRAMAN, J.
1. These Criminal Appeals have been preferred by A1 and A2 out of 3 accused, challenging the judgment dated 26.04.2022 in S.C.No.37 of 2020, in and by which they were convicted and sentenced as under:
2. Brief case of the prosecution is as follows:
2.1. PW1/ defacto complainant / Prosecutrix was working as Sales Woman in a Textile Showroom, Vellore. She was in love with PW2-Ajith, who is a co-worker in the textile showroom. Being lovers, while so, on 18.01.2020 at about 9.00 p.m., after working hours, they wanted to spend time and to have intimate talk and hence, they went to the Vellore Fort Park and sat opposite of the 3rd Kerb wall and were chatting. Suddenly, A1, A2 and one other Ajith (A4) – Juvenile accused)- Child in Conflict with law came near, brandished knifes – M.Os.8 and 10 and they robbed the bag containing IDBI ATM Card, PAN Card, ESI Card, pur
The conviction and sentencing of the accused for gang rape and robbery were upheld, supported by coherent evidentiary corroboration and resolved discrepancies.
In prosecutions involving serious charges, the burden lies on the prosecution to establish guilt beyond reasonable doubt, and discrepancies in evidence or lack of corroboration can lead to acquittal.
The prosecution must establish guilt beyond reasonable doubt; inconsistencies and procedural failures in witness accounts can lead to acquittal.
The prosecution must establish guilt beyond reasonable doubt, particularly in robbery cases where identification is uncertain and key witnesses are unexamined.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimonies can lead to acquittal.
Sentence - Kidnapping and abduction - Sentence cannot be reduced as Manner of commission of offence was cruel.
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....
In cases of rape, inconsistencies and lack of corroborative evidence, particularly regarding victim identification and age, undermine prosecution's case, necessitating acquittal.
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