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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, G.SATAPATHY
Gandhi Bindhani – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. facts of the case and prosecution proceedings (Para 2 , 3 , 4 , 5) |
| 2. arguments presented by both parties (Para 6 , 8 , 9) |
| 3. court's analysis of evidence and credibility issues (Para 10 , 11) |
| 4. final ruling and order of acquittal (Para 12) |
JUDGMENT :
The Appellant, by filing this Appeal, from inside the jail, has called in question the judgment of conviction and order of sentence dated 08.12.2017 passed by the learned Sessions Judge-cum-Special Judge, Kandhamal, Phulbani in Criminal Trial No.140 of 2016 arising out of G.R. Case No.201 of 2016 corresponding to Balliguda P.S. Case No.68 of 2016 on the file of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Baliguda.
2. Prosecution Case:-
The S.I. receiving the above written report from the victim (P.W.1) treated the same as F.I.R. and after registration of the case, requested the Sub-Divisional Police Officer (S.D.P.O.-P.W.6) to proceed with the investigation. During investigation, P.W.6 directed the lady S.I. to record the statement of the victim (P.W.1) in his presence.
4. Receiving the final form, learned S.D.J.M., Baliguda took cognizance of said offences and after observing all the formalities, committed
Testimonial inconsistencies and lack of corroboration undermine a conviction for rape, especially when based solely on a victim's testimony.
The court held that inconsistent victim testimony and lack of corroborating evidence rendered the conviction unsustainable, emphasizing issues of consent and age in sexual exploitation cases.
Kidnapping and rape – Reliance on emotional state of victim as a proxy for corroboration of allegations would be both legally unsound and procedurally inappropriate.
The main legal point established in the judgment is that while the evidence supported the conviction for kidnapping, it was insufficient to establish the allegations of rape and sexual assault due to....
The judgment underscores the importance of victim testimony and medical evidence in sexual assault cases, particularly involving minors, affirming strict liability under the POCSO Act.
The court established that a conviction for rape requires clear evidence of non-consent; doubts arising from victim testimony, particularly without corroboration, necessitate acquittal.
The sole testimony of the victim can be relied upon in a rape case, but it must be trustworthy and unblemished. The evidence must be of a very high quality and must be consistent, natural, and match ....
In rape cases, victim's testimony must be credible and reliable; inconsistencies can undermine a conviction.
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