THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Bhim Bahadur Basnett – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. victim's disability and allegations (Para 1 , 2) |
| 2. arguments regarding evidence credibility (Para 3 , 4) |
| 3. court's analysis of witness credibility (Para 5 , 6) |
| 4. findings on offences and proof standards (Para 7 , 8) |
| 5. verdict and acquittal (Para 9) |
JUDGMENT :
Meenakshi Madan Rai, J.
1. The Prosecutrix/victim, P.W.2, in the instant matter, is a differently abled person being hearing and speech impaired. The Complaint, Exhibit 2, came to be lodged by P.W.3, the nephew of the victim, in whose house the offence allegedly took place on 21- 09-2020, of which the victim informed him and his wife, P.W.1. The Court of the Learned Judge (Fast Track), South & West, at Gyalshing, on careful analysis of the oral and documentary evidence adduced by the Prosecution and on appreciation of all facts and circumstances of the case was convinced that the Appellant had raped and sexually assaulted the disabled victim on the night of 21-09-2020, in the house of P.W.3. The Appellant was convicted for having raped a woman with physical disability, punishable under Section 376(2)(1) of the INDIAN PENAL CODE , 1860 (hereinafter, "IPC"), in S.T. (Fast Track) Case No.01 of 2021 ( State of Sik
State of Rajasthan vs. Darshan Singh alias Darshan Lal
State of Rajasthan vs. N. K. The Accused
The prosecution failed to prove rape under Section 376(2)(1) due to insufficient evidence, though the appellant was convicted under Section 354A(1)(i) for unwelcome sexual advances.
The prosecution failed to prove its case beyond reasonable doubt, leading to the acquittal of the appellant in a rape case involving a mentally weak victim.
Point of law: Imposition of maximum punishment – Rape case - victim, a deaf and dumb girl was subjected to sexual assault by way of outraging her modesty by the accused taking advantage of her disabi....
In cases of sexual assault, the victim's testimony is paramount, and the mental state of the victim does not diminish the credibility of her account; corroboration is not a strict requirement if the ....
The victim's credible testimony can sustain a conviction in sexual assault cases even without corroborative medical evidence, acknowledging the victim's disability and the nature of consent.
A witness with intellectual challenges can testify if able to comprehensively understand and respond to questions; conviction for rape upheld based on sufficient evidence.
Conviction cannot be recorded on the basis of shaky evidence.
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.
Compliance with the mandatory procedure under Section 119 of the Indian Evidence Act and the need for the evidence to inspire confidence.
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