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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
SANGEETA CHANDRA, AJAI KUMAR SRIVASTAVA-I
Rajesh – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. criminal appeal filed against conviction and sentence. (Para 1 , 2 , 3) |
| 2. factual background of the case and fir registration. (Para 4 , 5 , 6) |
| 3. victims' statements and medical examination findings. (Para 9 , 10 , 11 , 12 , 16) |
| 4. trial court's evaluation of witness credibility. (Para 21 , 22 , 23) |
| 5. legal standards for assessing consent and evidence in rape cases. (Para 24 , 25 , 30) |
| 6. supreme court's guidance on the reliability of victim testimony. (Para 26 , 29) |
| 7. dismissal of appeal and order for compliance. (Para 32 , 33 , 34) |
JUDGMENT :
(Sangeeta Chandra, J.)
1. The instant Criminal Appeal has been filed by the appellants, namely, Rajesh and Ramu against judgment and order dated 22.10.2003 passed by learned Additional District and Sessions Judge (Fast Track) Court No.5, Lucknow in Sessions Trial No. 55 of 2003, convicting the appellants under Sections 363, 366 and 376 of the I.P.C. and sentencing them to undergo five years imprisonment along with fine under Section 363 I.P.C., to undergo seven years imprisonment under Section 366 along with fine, and to undergo 12 years imprisonment under Section 376 I.P.C. along with fine, with all such sentences to run concu
The court reaffirmed that a minor's consent is invalid in sexual offences, emphasizing the credibility of the victim's testimony despite contradictions from other witnesses.
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The main legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt, especially in cases involving discrepancies in evidence and inconsi....
The court affirmed that the victim's testimony, corroborated by medical evidence, is sufficient for conviction in rape cases, even with minor inconsistencies.
The acquittal of the accused was upheld as the prosecution failed to prove guilt beyond a reasonable doubt, guided by the presumption of innocence.
The testimony of a victim in rape cases is crucial and can lead to conviction without corroboration if it is credible and consistent, and medical evidence does not necessarily negate the victim's acc....
The conviction for rape and kidnapping is affirmed based on the victim's age as a minor, underscoring that consent is immaterial under IPC provisions.
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