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UMESH CHANDRA SHARMA
Gudun – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Indra Pratap Singh, learned counsel for the appellants, Ms. Anupriya Jaiswal, learned AGA for the State and perused the record.
2. This appeal has been preferred by the convicts Gudun, Suresh, Jangay and Harish Chandra to set aside the judgment and order of conviction and sentencing dated 03.06.2000 passed by the XI-Additional Sessions Judge, Faizabad in ST No.827 of 1997 (State Vs. Gudun and others) arising out of Case Crime No.55 of 1997, under Sections 376, 354, 506 IPC, Police Station Khandasa, District Faizabad whereby the accused persons had been convicted under Section 376/511 IPC for five years rigorous imprisonment and fine of Rs.2,000/-each and in case of non-payment of fine to undergo six months additional incarceration; under Section 354 IPC for one year’s rigorous imprisonment each; under Section 506(2) IPC for one year’s rigorous imprisonment each. It was also directed that all the sentences shall run concurrently.
3. In brief, facts of the case are that informant Shreepal lodged an FIR on 08.03.1997 that in the night of 03.03.1997 at about 09:00 p.m. his daughter had gone outside the house to attend the call of nature. Gudun and Musey sons of Rad
The court emphasized the need for corroboration of the prosecutrix's testimony and highlighted the importance of medical evidence in rape cases. It also stressed the possibility of false accusations ....
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.
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 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 a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
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....
The consistent testimonies of the prosecutrix, medical evidence, and the heinous nature of the crime were crucial in upholding the conviction of the accused.
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