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TEJINDER SINGH DHINDSA, LALIT BATRA
Rajender – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Lalit Batra, J. - This criminal appeal has been preferred by appellant-convict Rajender, impugning the legality of judgment of conviction dated 21.05.2013 and order on quantum of sentence dated 23.05.2013 rendered by learned Additional Sessions Judge, Faridabad, in terms of which, he was held guilty and convicted for the commission of offence punishable under Section 376 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine to further undergo simple imprisonment for two months, in case FIR No.372 dated 14.10.2012 under Sections 323 and 376 IPC, Police Station Surajkund, District Faridabad.
2. As per prosecution version, on 14.10.2012 prosecutrix (name not disclosed in view of law laid down in case " State of Punjab vs. Gurmail Singh" 1996 (1) RCR 533), aged 14 years, student of Class-VII made a complaint (Ex.P/2) against her father (accused), stating that her father has been sexually assaulting her since she was seven (7) years of age and when she brought the above said misdeeds of her father to her mother, latter was given beatings by the accused. She further alleged that as she was subjected to sexual
In cases of sexual assault, delay in lodging FIR is not fatal if explained, especially when considering societal attitudes toward victims.
Point of Law : Prosecution has failed to prove its case against the accused beyond reasonable doubt - Testimony of prosecutrix is infirm, contradictory and doubtful, which does not inspire confidence....
The need for trustworthy and corroborating evidence in cases of sexual offenses, especially when the victim is a minor.
The consistent testimonies of the prosecutrix, medical evidence, and the heinous nature of the crime were crucial in upholding the conviction of the accused.
The conviction for rape and trespass was upheld based on credible witness testimony, and the sentence was reduced considering the time elapsed since the crime.
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
: : (1) Delay in lodging of first information report should be satisfactorily explained.(2) A young unmarried woman will not put her reputation in peril by alleging falsely about forcible sexual assa....
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