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SHREE PRAKASH SINGH
Okansh Kumar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Shree Prakash Singh, J.
Heard Sri Chandra Bhushan Pandey, Advocate assisted by Sri Shambhu Nath Mishra, learned counsel for the appellant, Sri Aniruddh Kumar Singh, learned AGA for the State and Sri Chandan Srivastava, learned counsel for opposite party no. 2.
2. By means of the instant appeal, the appellant has assailed the summoning order dated 04.10.2019 and the order of bailable warrant dated 15.11.2019, passed by the Court of Special Judge (SC/ST Act), Barabanki.
3. Brief facts of the case are that the informant lodged a First Information Report against the present appellant and other accused persons on 27.07.2017, alleging therein, the incident dated 16.05.2017, under Sections 376D, 342, 506 of IPC and 3(2)(v) of the SC/ST (P.A.) Act, which was registered as Case Crime No. 224 of 2017, at P.S. Jaidpur, District Barabanki. After lodging the First Information Report, the Investigating Officer recorded the statement of the complainant/prosecutrix on 16.08.2017, wherein, the prosecutrix stated that the appellant along with another co-accused, namely, Anjani Verma committed rape upon her. The medical examination of the complainant/prosecutrix was also got done in District
The court established that a victim's testimony, while crucial, must be corroborated; contradictions in the prosecutrix's statements rendered the conviction unsafe.
Hon’ble Supreme Court has held that in the cases where there are serious doubts regarding the sexual intercourse, the benefit of doubt has been provided upon the accused.
Offence of Rape - Conviction Upheld - Reliability of statement of prosecutrix/victim - Statement of prosecutrix, if found to be worthy of credence and reliable, requires no corroboration - Court may ....
The court can base conviction on the sole testimony of the prosecutrix if it inspires confidence, but her testimony must be of sterling quality and free from contradictions and inconsistencies.
The conviction for rape and trespass was upheld based on credible witness testimony, and the sentence was reduced considering the time elapsed since the crime.
The court upheld the revisional court's order, emphasizing the significance of the victim's testimony in dowry harassment and rape cases, and affirmed the legal validity of the summoning order.
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