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J. K. MAHESHWARI, MEENAKSHI MADAN RAI
State of Sikkim – Appellant
Versus
Jigmee Bhutia – Respondent
| Table of Content |
|---|
| 1. acquittal from serious charges appealed. (Para 1) |
| 2. prosecution argues victim's reliable testimony. (Para 2) |
| 3. defense posits absence of evidence against respondent. (Para 3) |
| 4. narration of prosecution's evidence and events. (Para 4) |
| 5. assessing reliability of victim's testimony. (Para 5) |
| 6. contradictions raised against prosecution's timeline and evidences. (Para 6 , 7 , 8 , 9 , 10) |
| 7. medical evidence does not support rape allegation. (Para 11) |
| 8. reliability of sole testimony of victim emphasized. (Para 12) |
| 9. prosecution's burden not fulfilled regarding evidence. (Para 13) |
| 10. court agrees with prior judgment dismissing prosecution's case. (Para 14) |
| 11. final dismissal of the appeal confirmed. (Para 15 , 16 , 17 , 18) |
JUDGMENT
Meenakshi Madan Rai, J. - Dissatisfied with the Judgment in Sessions Trial (F.T.) Case No.17 of 2018, dated 29.08.2019, vide which the Respondent was acquitted of the offences under Sections 376 (1), 457 and 323 of the INDIAN PENAL CODE , 1860 (for short, “IPC”), the instant Appeal has been preferred.
2. Assailing the findings of the Learned Trial Court, the Learned Public Prosecutor, before this Court, contended that there was sufficient and co
The prosecution must prove guilt beyond a reasonable doubt, and the victim's testimony must be credible and supported by evidence for a conviction in sexual assault cases.
The prosecution must prove its case beyond a reasonable doubt; mere allegations or the credibility of the victim's account is insufficient without corroborating evidence.
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corrobor....
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
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 based solely on the prosecutrix's testimony was quashed due to inconsistencies and lack of corroborative evidence, emphasizing the need for reliable and corroborated testimony....
The main legal point established in the judgment is the requirement for credible and unimpeachable testimony, as well as the need for corroboration in cases of sexual assault.
Point of Law : The chastity of a woman ruined as soon as such offence is committed, while in a civilized society, respect or reputation is a basic right. No member of society can afford to conceive t....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
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