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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Nabakishore Rana – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing details (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding reliance on victim's evidence (Para 7 , 8) |
| 3. court's evaluation of evidence credibility (Para 9 , 10) |
| 4. appeal outcome and judgment reversal (Para 11) |
JUDGMENT :
D.Dash, J.
1. The Appellant, by filing this Appeal, has assailed the judgment of conviction and order of sentence dated 25th February, 2021 passed by the learned Sessions Judge-cum- Special Judge, Jajpur in Spl. G.R. No.131 of 2016, arising out of Badachana P.S. Case No.146 of 2016.
The Appellant (accused) thereunder has been convicted for commission of offence under section 376 of the Indian Penal Code, 1860 (for short, ‘the IPC ’), and section 3 (2) (v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1985 (for short, ‘SC & ST (PA) Act). Accordingly, the he has been sentenced to undergo rigorous imprisonment for for seven (7) years each for the offence under section 376 of the and section 3(2)(v) of the SC & ST (PA) Act and fine of Rs.5000/- on each count and in default to undergo further rigorous imprisonment for three months.
2. Prosecution case is that the victim (P.W.1) in the year 2016 was r
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.
Testimonial inconsistencies and lack of corroboration undermine a conviction for rape, especially when based solely on a victim's testimony.
The accused's conviction under the SC/ST Act was overturned due to insufficient evidence of his awareness of the victim's caste, asserting that such knowledge is essential for liability under Section....
The Court held that a consensual relationship with an adult victim does not attract sections under IPC and POCSO Act, but evidence warranted conviction under SC/ST Act.
The conviction for rape can be sustained based on the victim's testimony and medical evidence, but a conviction under the SC/ST Act requires clear evidence that the crime was motivated by the victim'....
The court ruled that the prosecution failed to establish the victim's age and that the relationship was consensual; thus, no conviction for rape or under the Act was sustainable.
The testimony of a victim of sexual assault is credible and can support conviction without corroboration, but the prosecution must prove the accused's knowledge of the victim's caste for SC/ST Act ch....
Credible evidence of caste identity is essential to establish an offence under the SC & ST (PoA) Act; without it, prosecution fails.
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