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ASHWANI KUMAR MISHRA, SYED AFTAB HUSAIN RIZVI
Maudhu – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and initial trial details. (Para 1 , 2 , 3) |
| 2. supporting testimonies and evidence presented in trial. (Para 4 , 11) |
| 3. defense arguments challenging the prosecution's evidence. (Para 5 , 16 , 17 , 22) |
| 4. medical evidence and its implications on the case. (Para 6 , 7 , 19 , 23) |
| 5. testimony analysis and credibility considerations. (Para 8 , 20 , 21) |
| 6. counterpoints from defense witnesses and their reliability. (Para 9 , 14 , 15 , 18) |
| 7. incident details and evidence collection (Para 10) |
| 8. court's stance on the admissibility of victim testimony. (Para 24 , 25) |
| 9. modification of the sentence and considerations for justice. (Para 28 , 29) |
| 10. final orders and procedural follow-ups based on the judgment. (Para 30 , 31 , 32) |
JUDGMENT :
Hon’ble S.A.H. Rizvi J.
1. The present appeal has been filed on behalf of the accused-appellant-Maudhu, who has been convicted by judgment and order dated 10.10.2013 passed by Sessions Judge, Farrukhabad in Session Trial No.153 of 2010 ( State of U.P. vs. Maudhu ) arising out of Case Crime No.374 of 2009, under Sections 376 I.P.C., Police Station- Amritpur, District- Farrukhabad and sentenced the appellant to life impris
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 testimony of a rape victim is credible and should be given significant weight, with minor discrepancies not undermining its reliability.
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
The reliability of the victim's testimony and medical evidence in cases of sexual offences, and the reasonableness of delay in filing the FIR due to the sensitive nature of such offences.
The reliability of witness statements and the importance of corroborating evidence in criminal cases.
The judgment emphasizes the importance of the victim's reliable and confident statement, the significance of discrepancies, belated reporting, and lack of corroboration and support from family member....
The absence of corroborative medical evidence and inconsistencies in witness testimonies led to the acquittal of the accused in a rape case.
The consistent testimonies of the prosecutrix, medical evidence, and the heinous nature of the crime were crucial in upholding the conviction of the accused.
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