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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, JAI KRISHNA UPADHYAY
Prakash Pradhan – Appellant
Versus
State of U.P – Respondent
| Table of Content |
|---|
| 1. overview of case history and investigative procedural facts. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. summary of rival arguments regarding sufficiency of prosecution evidence. (Para 13 , 14 , 15) |
| 3. evaluation of witness consistency and credibility regarding the incident. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. legal precedents concerning hostile witnesses and victim testimony reliability. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 5. rejection of prosecution case due to unreasonable contradictions and acquittal. (Para 32 , 33 , 34 , 35 , 36 , 37) |
JUDGMENT :
Jai Krishna Upadhyay, J.
1. This criminal appeal has been preferred by the accused appellant against the judgment and order dated 14.12.2018 passed by the 1st Additional District & Sessions Judge, Jalaun at Orai in Criminal Case No. 31 of 2017 (State vs. Prakash Pradhan), arising out of Case Crime No. 422 of 2017, Police Station Kotwali, District Jalaun at Orai, convicting the appellant for the offence punishable under Section 376 (2)(i) of IPC and sentencing him to undergo rigorous imprisonment of life and a fine of Rs. 50,000/- with default clause.
2. The facts of the case, in nutshell,
The judgment emphasizes the importance of assessing the evidence of hostile witnesses, relying on circumstantial evidence, and the duty of the court to search for the truth.
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
The court affirmed that the victim's testimony, corroborated by medical evidence, is sufficient for conviction in rape cases, even with minor inconsistencies.
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
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