Back
S. A. DHARMADHIKARI, HIRDESH
Vikas – Appellant
Versus
State of Madhya Pradesh Govt. – Respondent
JUDGMENT
1. All the aforesaid appeals have been filed under section 374(2) of the Code of Criminal Procedure, 1973 (2 of 1974) [in short Cr.P.C.] against the judgment of conviction and order of sentence dated 15.6.2013 passed by the Additional Sessions Judge, Indore in Sessions Trial No.615/2012, by which, appellants have been convicted and sentenced as mentioned below:
| Section(s) | Sentence | Fine | Default stipulation |
| 376(2)(G)IPC | Life Imprisonment | 1,000/- | Additional two months R.I. |
| 376(2)(G)IPC | Life Imprisonment | 1,000/- | Additional two months R.I. |
| 506(B) IPC | R.I. For 07 years | 500/- | Additional one month R.I. |
(ii) Appellants-Accused persons (Shantilal Kushwaha, Chetan Prajapat, Vikas Bharti, Vikram Makwana, Ravindra @ Ravi Mandloi, Mona @ Mohanlal Kumrawat, Sanju @ Sanjay Mandloi, Poona @ Poonachand, Rajendra Bhami, Anshuman Wagh, Golu Wagh and Amit Wagh
| Section(s) | Sentence | Fine | Default stipulation |
| 376(2)(G)IPC | Life Imprisonment | 1,000/- | Additional two months R.I. |
| 376(2)(G)IPC | Life Imprisonment | 1,000/- | Additional two months R.I. |
| 506(B) IPC R.I. | For 07 years | 500/- | Additional one month R. |
The prosecution failed to prove the case beyond reasonable doubt due to unexplained delay in FIR and contradictions in testimonies, leading to the acquittal of the accused.
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....
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
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.
The prosecution must prove an accused's guilt beyond reasonable doubt, and significant delays or contradictions in testimonies can undermine a conviction.
The prosecution's case can stand on the testimony of the victim alone, supported by corroboration, despite minor contradictions. Delays in reporting aren't fatal if reasonably explained.
The credibility of prosecutrix's testimony is sufficient for conviction without requiring independent corroboration when circumstances support her claims.
The prosecution failed to prove the charges of kidnapping and gang rape beyond a reasonable doubt due to contradictory evidence and lack of medical corroboration.
In rape cases, the credibility of the prosecutrix's testimony is paramount, and delay in filing an F.I.R. may not be fatal under particular circumstances.
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
