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MOHD. FAIZ ALAM KHAN
Pasru @ Ismail – Appellant
Versus
State – Respondent
JUDGMENT :
Mohd. Faiz Alam Khan, J.
1. The instant criminal appeal, under section 374 CrPC, has been moved by sole appellant-Pasru @ Ismail against the judgment and order of date 3rd March, 1986 passed by the IInd Additional Sessions Judge, Lucknow in Sessions Trial No.240 of 1984 whereby the appellant and co-convict-Prakash Jamadar have been convicted for committing offence under section 376 IPC and sentenced to undergo 10 years rigorous imprisonment.
2. The prosecution story, as is reflected from the record available before this court, is to the tune that an FIR was lodged by the victim/prosecutrix herself on 22.01.1984 at about 11 p.m. at police station Hazratganj, Lucknow, alleging that she resides in servant quarters of bungalow of one Shri Lobo, Manager of Capital Cinema along with her husband-Munnalal, who was a rickshaw-puller. It is further alleged that on 22.01.1984 at about 7 p.m. she had gone towards Hazratganj crossing to say goodbye to bhabhi of one Rammu Shukla. When she (bhabhi of Rammu Shukla) had departed, at that point of time, appellant-Pasru @ Ismail and co-accused-Prakash Jamadar arrived at rickshaw of one Bhallar and forcibly abducted and taken her to Banarsibag
A conviction for rape under Section 376 IPC requires the victim's testimony to be wholly reliable and corroborated by other evidence; otherwise, the accused is entitled to the benefit of the doubt.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corrobor....
Point of Law : Testimony of the victim 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 th....
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.
The testimony of a minor victim in sexual assault cases is sufficient for conviction without corroboration, as long as it is credible and inspires confidence.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
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