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KARUNESH SINGH PAWAR
Chandan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
KARUNESH SINGH PAWAR, J.
1. This appeal is directed against the judgment and order dated 2.8.2001 passed by Additional Sessions Judge/FTC Court No. 2, Raebareli, whereby and whereunder the appellant has been convicted under section 376 I.P.C. and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs. 2,000/- with default stipulation.
2. Heard learned counsel for the appellant, learned Additional Government Advocate and perused the record.
3. The prosecution case as per written report dated 8.3.2000 is that on 6.3.2000, while the prosecutrix was looking after the peas sowed in her field, then around 5.00 p.m. Chandan of her village came near her and forcibly caught her hand and dragged her into her wheat field and forcibly put her down and committed rape and said that if she would raise alarm, he will kill her. After committing rape, he went away. Her father-in-law and husband were not at home at that point in time. Yesterday evening, when her father-in-law came, she told him of the incident. On the written report, chik first information report was lodged which, during trial was exhibited as Ext.Ka-5. Written report is Ext.Ka-1.
4. The investigating o
Testimony of the prosecutrix in rape cases must inspire confidence; lack of corroboration casts doubt on prosecution's case.
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....
Conviction for rape requires corroboration of the victim's testimony, especially when medical evidence contradicts the claims, highlighting the need for strict proof in serious charges.
Hon’ble Supreme Court has held that in the cases where there are serious doubts regarding the sexual intercourse, the benefit of doubt has been provided upon the accused.
The conviction for rape based solely on the prosecutrix's testimony is unsustainable without corroborative evidence, especially when inconsistencies and delays in reporting raise doubts.
The evidence of a prosecutrix must be credible and consistent for a conviction in rape cases; contradictions and lack of supporting evidence can lead to acquittal.
The court established that in cases of sexual assault, the victim's testimony must be corroborated by credible evidence, and any significant contradictions or lack of medical evidence can lead to the....
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