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ASHWANI KUMAR MISHRA, SYED AFTAB HUSAIN RIZVI
Maudhu – Appellant
Versus
State of U. P. – Respondent
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 imprisonment & fine of Rs.20,000/-.
2. The informant presented a written report dated 10.09.2009 scribed by Tilakram Awasthi at P.S.- Amritpur, District- Farrukhabad, alleging therein that today on 09.09.2009 her 15-year-old daughter had gone outside the village to ease herself. When she sat down in the curvy field of Maniram, Maudhu Jatav of the village came there and with ill intention pulled her down on the ground. His daughter resisted and made a noise then the accused ran away from the spot. His daughter came to the house and narrated the entire incident, to the informant and other family members, who consulted and thereafter informant came with the victim to lodge the report. On the aforesaid written information, Case Crime No.374 of 2009 under Section 376
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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