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MANOJ KUMAR TIWARI, PANKAJ PUROHIT
State of Uttarakhand – Appellant
Versus
Sheetal Kumar – Respondent
JUDGMENT :
Manoj Kumar Tiwari, J.
State has filed this appeal, by leave, challenging the judgment and order dated 8.8.2012, passed by 4th Additional Sessions Judge, Haridwar in Sessions Trial No. 332 of 2005, whereby respondent has been acquitted of the charges punishable under Sections 354, 376/511 IPC.
2. Prosecution story, in nutshell, is that complainant’s daughter (victim) was studying in Class IV-C in Siksha Niketan School, B.H.E.L. On 8.4.2004, her grandfather dropped her in the school at 7.20 AM. At around 10.30 AM, Headmistress telephoned in the victim’s house and informed that one person came in the school and did obscene act with the victim, outraged her modesty and tried to commit rape on her. At that time, all other students except the victim were attending prayer outside. When the victim raised the alarm, school staff reached at the spot and then that person fled away from there. On this information, father and grandfather of the victim reached at the school at around 12.30 PM and when they were coming along with the victim to their house, the victim identified that person, who was found travelling on the road and who disclosed his name to be Sheetal Kumar. Thereafter th
The need for corroboration in cases of doubt regarding the victim's statement in a rape case.
The court affirmed that the victim's testimony, corroborated by medical evidence, is sufficient for conviction in rape cases, even with minor inconsistencies.
Rape – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corroboration.
Point of Law : The chastity of a woman ruined as soon as such offence is committed, while in a civilized society, respect or reputation is a basic right. No member of society can afford to conceive t....
The prosecution must prove its case beyond reasonable doubt, and inconsistencies in evidence can lead to acquittal.
The central legal point established in the judgment is the requirement for the prosecutrix's testimony to be reliable and corroborated by medical evidence or surrounding circumstances in cases of rap....
A minor's consistent and corroborated testimony can alone suffice for conviction in sexual offence cases under POCSO, even amid investigative lapses.
The Court established that minor contradictions in a victim's testimony should not discredit credible evidence in a rape case; corroboration is not mandatory if the victim's evidence inspires confide....
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