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SUJOY PAUL, PRAKASH CHANDRA GUPTA
Babu @ Rahul Jagtap – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. These appeals filed under section 374 (2) of the Code of Criminal Procedure, 1973 (In short “Cr.P.C) take exception to the common judgment dated 29/01/2013 passed in Sessions Trial No.209/2011 whereby both the appellants have been convicted under section 376(2)(g) of Indian Penal Code and directed to undergo sentence of life imprisonment with fine of Rs.1000/- and section 366 of Indian Penal Code and directed to undergo R.I. for 5 years with fine of Rs.1000/-, with default stipulation.
FACTUAL BACKGROUND
2. In short, the story of prosecution is that on 29.3.2011 when prosecutrix was coming back from a coaching class on her bicycle, near Post Office Shahpur, the accused persons namely Hridesh Soni, Babu Jagtap and Girish Dhanani, who were riding a bicycle informed her that they may provide her guess papers of Class-9th. Thereafter, in a TVS motorcycle appellant Babu proceeded further whereas appellant Girish and accused Hridesh accompanied her in a motorcycle till Devdadeo culvert. The prosecutrix was in her own bicycle. At this place, the prosecutrix’s face was tied by them by a piece of cloth and appellant Babu started the motorcycle and prosecutrix was compelled to sit
In cases of sexual assault, delay in lodging FIR is not fatal if explained, especially when considering societal attitudes toward victims.
The judgment emphasizes the importance of protecting the rights and dignity of victims of sexual offenses, highlighting the credibility of the prosecutrix's testimony and the significance of medical ....
The conviction for rape and trespass was upheld based on credible witness testimony, and the sentence was reduced considering the time elapsed since the crime.
Point of Law : Prosecution has failed to prove its case against the accused beyond reasonable doubt - Testimony of prosecutrix is infirm, contradictory and doubtful, which does not inspire confidence....
The testimony of the victim of sexual assault is vital and can be relied upon without corroboration, and delay in lodging a complaint does not necessarily indicate falsehood.
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
Insufficient evidence and credibility issues warranted the reversal of the appellant's conviction for sexual offences under IPC.
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