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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNASATAPATHY
Parsuram Tandi – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of criminal conviction and sentencing. (Para 1) |
| 2. arguments against the conviction based on witness testimonies. (Para 2) |
| 3. prosecution's reliance on victim’s testimony and its legal implications. (Para 3) |
| 4. court’s rationale for upholding the conviction despite evidential challenges. (Para 4) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. The present appeal has been filed inter alia challenging the impugned order of conviction and sentence passed against the Appellant by the learned Addl. District Judge & Sessions Judge-cum-Special Judge, Nuapada vide his judgment dtd.30.11.2018 in S.A. Case No. 101/2017. Vide the impugned judgment the Appellant has been convicted and sentenced to undergo R.I. for two years and pay a fine of Rs.1,000/- for the offence under Sec. 451 of the I.P.C. and in default, further R.I. for one month. The Appellant is also convicted and sentenced to undergo R.I. for 10 years and to pay a fine of Rs.10,000/- and in default R.I. for 3 months for the offence under Sec. 376(2)(f)(i) of the I.P.C.. The Appellant is also sentenced to undergo R.I. for 10 years and to pay a fine of Rs.10,000/-, in default R.I. for 3 months more for the offence u
The testimony of a minor victim in sexual assault cases can be sufficient for conviction if it inspires confidence, regardless of corroborative medical evidence.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
The conviction for rape can stand on the sole testimony of the victim if it inspires confidence, despite deficiencies in the investigation process.
The victim's testimony does not require corroboration if it inspires confidence and is found to be worthy of credence. The burden is on the accused to disprove the prosecution case.
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
Conviction for rape requires corroboration of the victim's testimony, especially when medical evidence contradicts the claims, highlighting the need for strict proof in serious charges.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
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