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KARUNESH SINGH PAWAR
Suneel Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the appellant and learned A.G.A. for the State.
2. The appeal has been filed against the judgment and order dated 11 .07.2003 passed by the Additional Sessions Judge (Fast Track Court No. 2), Raibareli in S.T. No. 241/2002, case crime No. 68/2002, under Section 376 I.P.C., P.S. Bachhrawan, District Raibarelly "State Vs. Suneel Kumar", whereby the appellant has been convicted under Section 376 I.P.C. sentencing the appellant to undergo for a period of seven years of rigorous imprisonment with a fine of Rs. 1000/-, with default provisions.
3. As per the written report dated 14.02.2002 one Krishan son of Ram Prasad gave information to P.S. Bachhrawan, Raibareli that daughter of the informant aged about 13 years while returning home after cutting barseem, Suneel called her daughter in the khalihan on the pretext of picking up a bundle of paddy straw where lot of paddy was piled. When her daughter reached there, Suneel got hold of her and dragged between the piled paddy straw and forcibly raped her. To save herself, her daughter raised alarm, hearing which, the informant who was nearby digging carrot roots ran, then, he saw Suneel running away from k
In-consistent testimony of prosecutrix and uncorroborated medical evidence cast doubt on testimony of victim.
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 prosecution must prove an accused's guilt beyond reasonable doubt, and significant delays or contradictions in testimonies can undermine a conviction.
Testimony of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the....
The testimony of a victim in a rape case can be sufficient for conviction, and delays in reporting do not automatically undermine credibility, particularly in cases involving minors.
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