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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Bijoy Kumar Kand – Appellant
Versus
State of Orissa – Respondent
JUDGMENT :
S.S. Mishra, J.
The present Criminal Appeal, filed by the appellant under Section 374 of Cr.P.C. is directed against the judgment and order dated 18.09.1995 passed by the learned C.J.M.-cum-Assistant Sessions Judge, Mayurbhanj, Baripada in Sessions Trial Case No.54/194 of 1994, whereby the appellant has been convicted for the offence under Sections 341 /376 of I.P.C. and on that count, he has been sentenced to undergo S.I. for one month for the offence under Section 341 of I.P.C. and to undergo R.I. for seven years and to pay a fine of Rs.500/-, in default to undergo R.I. for one month for the offence under Section 376 of I.P.C.
2. Heard Mr. Pratik Nayak, learned counsel for the appellant and Mr.Aurobinda Mohanty, learned Additional Standing Counsel for the State.
3. The prosecution case, in terse and brief, is that on 20.09.1994 at about 8:30 P.M., while the victim and Kumari Jayanti (P.W.3) were returning along the village road after purchasing chenachur from a nearby shop, the accused allegedly intercepted them. It is alleged that the accused gagged the victim by placing a cloth over her mouth and forcibly took her to a secluded place, where he committed rape upon her.
Conviction for sexual offences can be based solely on the victim's credible testimony, without corroboration, if the evidence is clear and consistent; defendants must prove material inconsistencies f....
The consistent testimonies of the prosecutrix, medical evidence, and the heinous nature of the crime were crucial in upholding the conviction of the accused.
Point of law: Rape case - Conviction - Sentence of life imprisonment set aside - No justification for the trial court while convicting accused-appellant for offence under Section 376 IPC to sentence ....
The sole testimony of a victim in a rape case may suffice for conviction if deemed credible, despite inconsistencies and lack of corroborative evidence.
Rape – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corroboration.
The court confirmed the conviction based on the victim's credible testimony in a rape case, emphasizing that corroboration is not mandatory in such offenses.
The conviction for rape can stand on the sole testimony of the victim if it inspires confidence, despite deficiencies in the investigation process.
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