Back
SUJOY PAUL, SHAILENDRA SHUKLA
Ratanlal – Appellant
Versus
State of M. P. – Respondent
ORDER :
Shailendra Shukla, J.
1. The present appeal has been preferred under Section 374 of Cr.P.C. by the appellants seeking to set aside the judgment of conviction and sentence dated 18.02.2015 pronounced against them by the First Additional Sessions Judge, Biaora, District Rajgarh in S.T. No. 33/2014; whereby they have been convicted as under :-
| S. No. | Under Section | Conviction | Fine | In default of payment of fine |
| 1 | 376(D) of IPC | Life Imprisonment | Rs.5,000/- | One year's Additional R.I. |
| 2 | 506 Part-II of IPC | Three years' imprisonment | Rs.1,000/- | Six months' Additional R.I. |
2. Admitted facts are that the appellant Ratanlal is the real brother of the husband of the prosecutrix namely Nandlal and it is also admitted that prior to marriage of prosecutrix with Nandlal she had been engaged to be married to appellant Ratanlal.
3. Prosecution story in short is that, the prosecutrix lodged a report on 26.12.2013 at Police Station Biaora, District Rajgarh to the effect that while she was feeding the cattle in the night of 20.12.2013, Ratanlal, her b
The main legal point established in the judgment is the importance of credible and consistent evidence in proving charges of rape. The court also discussed the applicability of Section 114-A of the E....
The judgment emphasized the need for the prosecutrix to be a 'sterling witness' and the presumption of absence of consent under Section 114A of the Evidence Act. The court highlighted the importance ....
The conviction for rape based solely on the prosecutrix's testimony was quashed due to inconsistencies and lack of corroborative evidence, emphasizing the need for reliable and corroborated testimony....
Acquittal upheld in rape appeal as prosecutrix testimony unreliable due to contradictions, improvements, unnatural non-resistance, absence of injuries, delayed disclosure, and enmity motive, despite ....
The sole testimony of the victim can suffice for rape conviction if credible, with reliance on S.114-A of the Evidence Act supporting absence of consent.
The conviction for rape based solely on the prosecutrix's testimony is unsustainable without corroborative evidence, especially when inconsistencies and delays in reporting raise doubts.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
