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IN THE HIGH COURT OF ORISSA AT CUTTACK
Sibo Sankar Mishra
Ajit Sahu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. summary of the initial case facts leads to conviction under ipc. (Para 1 , 2 , 3) |
| 2. prosecution's evidence insufficient leading to reasonable doubt. (Para 4 , 5 , 12) |
| 3. final conclusions drawn based on lack of evidence. (Para 9 , 13 , 14 , 15) |
JUDGMENT :
Sibo Sankar Mishra, J.
This appeal is directed against the judgment dated 22.04.1998 passed by the learned Additional Sessions Judge, Titilagarh in Sessions Case No. 133/3 of 1997-98, whereby the present appellant, Ajit Sahu, was acquitted of the charge under Section 376 of the Indian Penal Code, 1860 (hereinafter “IPC”), but convicted under Section 354 IPC for outraging the modesty of a woman and sentenced to undergo rigorous imprisonment for a period of one year.
2. The prosecution case, in brief, is that on 23.10.1996 at about 7:00 PM, the victim, Ms. Debaki Sahu, then allegedly aged about 14 years, had gone outside her house to relieve herself. At that moment, the accused, who belonged to the same village, is said to have forcibly covered her mouth with her saree, lifted her physically to a nearby Mohua tree, disrobed her, threatened to kill her if she raised an alarm, and forcibly raped her. The incident was all
The prosecution must prove guilt beyond reasonable doubt; an acquittal is warranted if evidence is inadequate.
The prosecution failed to prove charges of gang rape beyond a reasonable doubt due to inconsistent testimony and lack of corroborating evidence, emphasizing the necessity for proper identification pr....
The sole testimony of the victim can be accepted and relied upon for fixing guilt if it inspires confidence, and medical evidence about 'habituated to sex' does not relieve the accused from the charg....
The conviction for rape can stand on the sole testimony of the victim if it inspires confidence, despite deficiencies in the investigation process.
The conviction requires corroborating evidence beyond the solitary testimony of the prosecutrix, which must be credible and consistent.
Rape cases – Judiciary must exercise prudence and discernment, particularly in cases involving serious allegations such as rape, recognizing that false accusations are not uncommon – Principles of ju....
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in testimonies alongside lack of medical corroboration can lead to acquittal.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in testimonies and lack of medical evidence can lead to acquittal.
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