Back
SAMIT GOPAL
Ramesh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Samit Gopal, J.)
1. The present Criminal Appeal under Section 374(2) Cr.P.C. has been preferred by the appellant Ramesh against the judgment and order dated 01.02.2006 passed by Additional District and Sessions Judge, Room No.8, Saharanpur in Sessions Trial No.175 of 2005 (State Vs. Ramesh) convicting and sentencing the appellant under Section 376 IPC to 10 years R.I with fine of Rs.3,000/-and in default of payment of fine to 3 months further rigorous imprisonment. The trial court has further directed that half of fine as recovered shall be paid to the victim/P.W.2 as compensation.
2. The name of the prosecutrix is not being disclosed and mentioned in the present judgment in the light of directions of the Apex Court in various judgments and as per Section 228A of the Indian Penal Code. She is, thus, referred to as ‘X’ in the judgment.
3. An application dated 18.01.2005 written by Ghanshyam Singh, S/o Karm Singh was given by Dheer Singh, S/o Bholaram, R/o Village Ganeshpur, Police Station Viharigarh, District Saharanpur to the S.H.O Police Station Mirzapur, District Saharanpur alleging therein that his sister Shishwati was married in village Vanjarewala from whom one daug
The main legal point established in the judgment is the requirement for conclusive evidence to establish the victim's age and the need for corroborative medical evidence in cases of alleged sexual as....
The main legal point established in the judgment is that the testimony of the prosecutrix, if found to be trustworthy and reliable, requires no corroboration. The court may convict the accused on the....
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....
Point of Law : Judgment of trial court is based on cogent evidence and is found in consonance with the evidence on record - Complicity of all four accused is found in the crime and the judgment and o....
The court emphasized that inconsistent testimonies and lack of credible evidence from the victim led to the conclusion that the prosecution failed to prove its case beyond reasonable doubt, resulting....
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 upheld the conviction against the appellant based solely on the victim's credible testimony, emphasizing that societal pressures do not negate the legal obligation to report sexual offenses....
The testimony of the victim of sexual assault is vital and can be relied upon without corroboration, and delay in lodging a complaint does not necessarily indicate falsehood.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
