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SANJAY KUMAR PACHORI
Rajesh Kumar Dubey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This jail appeal has been preferred by the appellant, Rajesh Kumar Dubey against the judgment and order passed by Additional Sessions Judge/FTC-3 Lucknow, on 13.8.2009 in Session Trial No. 128 of 2009, arising out of Case Crime No. 645 of 2008, Police Station Hasanganj, District Lucknow, whereby the appellant has been convicted under Sections 354, 376 read with section 511 of The Indian Penal Code (in short "I.P.C.") and sentenced to undergo one-year imprisonment under section 354 of IPC and to undergo five years imprisonment and a fine of Rs.1,000/- each with a default sentence of one month under section 376 read with section 511 of IPC.
PROSECUTION CASE
2. The prosecution case in brief as per the first information report, [FIR] (Ex.Ka.-4), which was lodged on 12.11.2008 at 6:10 (hours, a.m. or p.m. has not been written) on the basis of written complaint (Ex.Ka.-1) of the victim 'X' (PW-1) at PS Hasanganj, District Lucknow by the victim is that she cooks food at the house of colonel S.K. Sharma in his presence. On 10.11.2008, at 9:00 p.m., the appellant reached the house of the victim and told the victim that colonel sahab had come and was calling her for cooking food,
The prosecution must prove an accused's guilt beyond reasonable doubt, and significant delays or contradictions in testimonies can undermine a conviction.
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....
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
Point of Law : Prosecution has failed to prove its case against the accused beyond reasonable doubt - Testimony of prosecutrix is infirm, contradictory and doubtful, which does not inspire confidence....
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.
In-consistent testimony of prosecutrix and uncorroborated medical evidence cast doubt on testimony of victim.
The main legal point established in the judgment is that delay in lodging the FIR, material contradictions in evidence, and enmity between the parties can raise doubts about the prosecution's case, a....
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