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ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY
Heera – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Gautam Chowdhary, J.
1. By means of the instant appeal, the accused-appellant Heera is assailing the judgment and order of conviction dated 24.10.2002 passed by the learned Additional Sessions Judge (Fast Track ) Court Room No. 16, District Bulandshahr in Sessions Trial No. 122 of 2002 (State Vs. Heera) arising out of Case Crime No. 107 of 2001 whereby the accused-appellant has been sentenced under Section 376 I.P.C. to undergo for life imprisonment along with fine of Rs. 1000/- and in default in payment of fine to further undergo simple imprisonment of two years.
2. The prosecution case emanates on the written report of the informant (exhibit ka-1), as per which, on 31.03.2001 when the informant had gone for work and his wife Smt. Heera Devi had gone to jungle to bring the fodder and his daughter aged about 04 years was alone in the house, while playing she went out of the house to look for her mother, at about 06:00 P.M., when the accused-appellant enticed her away and took her to the wheat field of Isthtiaq Haji and committed rape upon her. On hearing her cry, Gurcharan Singh son of Mohar Singh and Durga Prasad son of Moti Ram rushed towards the spot and saw that the acc
The absence of corroborative medical evidence and inconsistencies in witness testimonies led to the acquittal of the accused in a rape case.
The conviction under Section 376 IPC emphasizes that a victim's sole testimony, despite minor discrepancies, is substantial and should not be discarded easily, affirming the need for sensitivity in a....
The reliability of witness statements and the importance of corroborating evidence in criminal cases.
The main legal point established in the judgment is the reliance on the consistency and reliability of the victim's testimony, the absence of prevarication, and the corroboration of evidence to estab....
The prosecution must prove the charges beyond reasonable doubt, and appellate courts should be cautious in interfering with acquittals unless based on a perverse appreciation of the evidence.
A victim's testimony can be sufficient for conviction in sexual assault cases if it is credible, even if medical evidence is inconclusive.
The court upheld the conviction of the accused for the offence of rape under Sec. 376(2)(f) IPC, emphasizing the reliability of the victim's testimony and the corroboration from medical evidence.
In a rape case accused could be convicted on sole testimony of prosecutrix, if it is capable of inspiring of confidence in mind of court. If version given by prosecutrix is unsupported by any medical....
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