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ORISSA HIGH COURT
JAGANNATH DAKUA – Appellant
Versus
STATE OF ODISHA – Respondent
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant revision under Section 401 read with Section 397 of the Code Criminal Procedure, 1973 is filed by the petitioner assailing the correctness, legality and judicial propriety of the impugned judgment dated 27th November, 2007 passed in connection with Criminal Appeal No.41 of 2002 by the learned Additional Sessions Judge, Bhanjanagar, Ganjam confirming the order of conviction and sentence dated 13th September, 2002 directed in Sessions Case No.9 of 2000 by the learned Assistant Sessions Judge, Bhanjanagar on the grounds inter alia that such decision convicting him for an offence punishable under Section 376 IPC is legally not tenable and hence, the same is liable to be interfered with and set aside with in the interest of justice.
2. According to the prosecution case, the alleged incident took place on 21st June, 1999 at a time when the victim, who had been to a nearby jungle for collection of mushroom, was picked-up by the petitioner and was subjected to rape. In connection with the alleged incident, a report was lodged at the local PS. The said report was lodged on 22nd June, 1999. Subsequent to the FIR lodged, Bhanjanagar PS Case No.112 (14) da
The sole testimony of a victim in a rape case may suffice for conviction if deemed credible, despite inconsistencies and lack of corroborative evidence.
The absence of medical evidence does not preclude conviction for rape if the victim's testimony is credible and consistent.
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 Court established that minor contradictions in a victim's testimony should not discredit credible evidence in a rape case; corroboration is not mandatory if the victim's evidence inspires confide....
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 ....
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
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