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KAUSHAL JAYENDRA THAKER, AJIT SINGH
Shahid – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Amrish Kashyap, learned counsel for the accused-appellant and learned A.G.A. for the State.
2. This appeal challenges the judgment and order dated 04.12.2007 passed by Special Judge (SC/ST Act), Kanpur Nagar in Special Sessions Trial No.670 of 2007 (State vs. Shahid) wherein the learned Special Judge has convicted & sentenced accused-appellant, Shahid, under Section 376 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') for life imprisonment and fine of Rs.10,000, further convicting under Section 363 of IPC for imprisonment 5 years rigorous imprisonment & fine of Rs.5000/- and read with Section 3 (2) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act) and sentenced him to imprisonment for life with fine of Rs.10,000/- and, in case of default in payment of fine, further to under go one year's simple imprisonment.
3. Brief facts as culled out from the record are that Vijay Kumar, the father of prosecutrix, made a complaint to Police Station Cantt Kanpur Nagar stating that on 0
Sentence should not be either excessively harsh or ridiculously low. While determining quantum of sentence, court should bear in mind the 'principle of proportionality'. Sentence should be based on f....
The court established that in cases of rape, the victim's consistent testimony can suffice for conviction, and that the prosecution must prove caste-based motivation for charges under the SC/ST Act, ....
The central legal point established in the judgment is the requirement for sufficient evidence to prove the commission of offenses under Section 3 (2) (v) of SC/ST Act and Section 376 of IPC, highlig....
(1) For maintaining conviction under Section 376 I.P.C., medical evidence has to be in conformity with oral testimony.(2) Remission/ commutation of sentence under Sections 433 and 434 of Cr.P.C. is i....
Medical evidence should show some semblance of forcible intercourse, even if we go as per the version of the prosecutrix that the accused had gagged her mouth for ten minutes and had thrashed her on ....
The court ruled that corroborative evidence is essential for rape allegations, leading to acquittal on those charges while a conviction for assault was upheld based on credible evidence.
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