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KARUNESH SINGH PAWAR
Ram Chandra – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. conviction details and juvenile status of co-accused. (Para 2 , 3 , 4 , 5) |
| 2. testimonies from prosecution witnesses regarding the incident. (Para 7 , 8) |
| 3. defense argument questioning credibility of victim's statement. (Para 9 , 10) |
| 4. court analysis raising doubts on prosecution evidence. (Para 11 , 12 , 13 , 14) |
| 5. importance of corroborative evidence and court's reasoning. (Para 15 , 16) |
| 6. acquittal of accused-appellant and court's final order. (Para 17 , 18 , 19) |
JUDGMENT
Karunesh Singh Pawar, J.
Heard Sri Ashok Kumar Singh, learned counsel for the appellants, Sri Alok Tiwari, learned A.G.A for the State- respondent and perused the record.
2. The present appeal has been filed against the judgment and order dated 10.03.1989 passed by the then VIII Additional Sessions Judge, Lucknow in Sessions Trial No.286 of 1988 ," State v. Ram Chandra & Ors.", Case Crime No. 151/85, under Section 376 IPC, Police Station Itaunja, District Lucknow whereby the appellants were convicted for the offence punishable under Section 376 I.P.C. and sentenced each of them to undergo rigorous imprisonment for a period of five years with fine of Rs.1,000/- and in default of payment of fine
The Court established that minor contradictions in a victim's testimony should not discredit credible evidence in a rape case; corroboration is not mandatory if the victim's evidence inspires confide....
Rape – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corroboration.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
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