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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Tshering Thendup Bhutia, Son of Shri Passang Tshering Bhutia – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT :
Bhaskar Raj Pradhan, J.
1. The testimony of the victim is once again sought to be questioned on the ground that it is not reliable; there is no corroborative evidence; the first information report (FIR) (exhibit 1) lodged by her was after five days and there are inconsistencies in the prosecution case and there is evidence to suggest that the victim had lodged the false FIR to avenge the appellant not having accepted the proposal of marrying the victim's sister. The learned Judge, Fast Track Court, South and West Sikkim at Gyalshing (Ld. Trial Judge), has examined each of these issues and found that the sole testimony of the victim is reliable, there is corroboration from the evidence of PW-2 (victim's husband), PW-3 (elder sister of the victim), PW-4 (sister-in-law of the victim) and PW-5 (other sister of the victim), the delay in lodging the FIR has been adequately explained, the inconsistencies pointed out by the defence are immaterial and the defence of false FIR an afterthought.
2. The conviction and sentence of the appellant dated 26.04.2022 under sections 341, 376(1) and 506 of the INDIAN PENAL CODE , 1860 (IPC) is challenged in the present appeal. Charges were frame
The sole testimony of a victim in a rape case can sustain a conviction if found credible, regardless of the existence of physical evidence or corroborating witnesses.
The need for corroboration in cases based solely on the victim's testimony, especially in cases of inordinate delay in lodging the FIR, and the importance of fair consideration for both the victim an....
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
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 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 main legal point established in the judgment is the requirement for reliable and corroborated testimony, along with the importance of medical evidence and the need to explain delays in lodging FI....
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 ....
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