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ASHWANI KUMAR MISHRA, MOHD. AZHAR HUSAIN IDRISI
Shyamveer – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Ashwani Kumar Mishra, J.
1. This appeal is directed against judgment and order of conviction and sentence dated 25.5.2019, passed by the Special Judge (SC/ST Act), Shahjahanpur in Sessions Trial No. 1936 of 2003 (State Vs. Shyamveer), arising out of Case Crime No. 75 of 2000, Police Station Madanapur, District Shahjahanpur, whereby the accused appellant Shyamveer has been convicted and sentenced to life imprisonment alongwith fine of Rs.50,000/- under Section 376 IPC read with Section 3(2)(v) SC/ST Act and on failure to deposit fine to undergo additional simple imprisonment for one year; five years rigorous imprisonment alongwith fine of Rs.10,000/- under Section 452 IPC and on failure to deposit the fine to undergo additional simple imprisonment for two months; and six months rigorous imprisonment alongwith fine of Rs.500/- under Section 323 IPC and on failure to deposit fine to undergo additional simple imprisonment for fifteen days. Sentences are to run concurrently.
2. Informant in the present case is the husband of the victim, who has reported that on 21.5.2000 he had gone for work and his wife and children were at home. At about 8.00 in the evening accused Shyamveer,
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, ....
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 conviction for rape can be sustained based on the victim's testimony and medical evidence, but a conviction under the SC/ST Act requires clear evidence that the crime was motivated by the victim'....
The main legal point established in the judgment is the requirement of direct evidence to prove the awareness of the victim's caste for conviction under section 3(2) (v) of the Scheduled Caste/Schedu....
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....
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