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RAVI MALIMATH, VISHAL MISHRA
Hemraj Chaudhary – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Mishra, J. -- 1. Being aggrieved by the judgment of conviction and order of sentence dated 24.6.2010 passed by the Special Judge (SC/ST) Jabalpur in Sessions Trial No.193 of 2009 whereby the appellant has been convicted under sections 342 and 376(f) of the Indian Penal Code and sentenced to undergo R.I. for one year and fine of Rs.1000/- and R.I. for Life and fine of Rs.1000/- respectively with default stipulation, the present appeal under section 374(2) of the Code of Criminal Procedure has been preferred.
2. The prosecution story, in nutshell, is that on 18.1.2009 at about 7:00 pm when the victim who was aged about 12 years was going to take water along with her friend Saraswati, the appellant/accused caught hold of her hands, dragged her to his house and committed rape on her. She immediately reported the incident to her mother. An FIR has been registered and the victim was sent for medical examination to the hospital and admitted in the hospital. After investigation, a charge-sheet has been filed before the Court. After trial, the appellant/accused has been convicted and sentenced as indicated hereinabove.
3. This appeal has been filed on the ground that there ar
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
The main legal point established is that the court relied on the victim's testimony, medical reports, and witness statements to establish the accused's guilt, emphasizing the victim's age, lack of co....
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
The main legal point established is that the testimony of the victim/prosecutrix can be the sole basis for conviction in cases of sexual assault, without the need for corroboration, if found trustwor....
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
The sole testimony of a prosecutrix can suffice for conviction in rape cases if credible, while age determination must be supported by reliable evidence.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
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