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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO
Rajkishore Nayak @ Raju – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. accusations of kidnapping and sexual offenses. (Para 1 , 2) |
| 2. defense claims of false implication due to enmity. (Para 3 , 6) |
| 3. testimonies of witnesses and their relevance. (Para 4) |
| 4. court's reasoning regarding evidence and victim's credibility. (Para 5 , 8) |
| 5. failure to establish charges of kidnapping and threat. (Para 9 , 10) |
| 6. final judgment: acquittal of charges. (Para 11) |
JUDGMENT :
1. The appellant Rajkishore Nayak @ Raju faced trial in the Court of learned Sessions Judge-cum-Special Judge, Kandhamal, Phulbani in G.R. Case No.25 of 2014 for the offences punishable under sections 366/376/506 of the Indian Penal Code read with section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereafter the ‘POCSO Act’) on the accusation that on 04.04.2014 at about 6.00 a.m. at village Padasahi, he kidnapped the victim ‘R.D’ who was a minor girl and committed rape on her and also threatened her not to disclose about the incident otherwise she would be killed.
2. The prosecution case, as per the first information report, in short, is that on 04.04.2014 in the early morning, the victim had been to the field of Padasahi to attend the call of nature and while
The prosecution failed to prove charges of kidnapping and sexual assault due to inconsistencies in the victim's testimony and a significant delay in reporting the incident, leading to the acquittal o....
The consistent and credible testimony of the victim and her mother, along with the lack of contradiction in the evidence, formed the central legal point in establishing the appellant's guilt.
The conviction of a minor for kidnapping and repetitive rape is upheld when credible evidence establishes the victim's minority and the accused's actions contravene statutory provisions regarding chi....
If evidence of victim in a case of rape appears to be clear, trustworthy and above board, conviction can be sustained on sole testimony of victim.
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
The central legal point established in the judgment is the requirement for the prosecution to establish the victim's age beyond all reasonable doubt and the reliability of the victim's testimony in c....
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
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