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ANAND PATHAK, HIRDESH
Shivraj Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Hirdesh, J: 1. -- Today, this case is listed for hearing on IA No.15440 of 2023, 12th application under section 389(1) of CrPC moved on behalf of appellant No.2 Sheru & IA No.24326 of 2024, second application under section 389(1) of CrPC moved on behalf of appellant No.1- Shivraj for suspension of jail sentence and grant of bail on the ground of period of custody, as they have already suffered more than 11 years of jail incarceration, but with the consent of parties, this Court deems it proper to hear this appeal finally.
2. The present criminal appeal under section 374 of CrPC has been filed by appellants challenging the judgment of conviction and order of sentence dated 20.7.2013 passed by Fourth Additional Sessions Judge, Morena (MP) in Sessions Trial No.92 of 2013, whereby the appellants have been convicted under section 376(2)(g) of IPC and sentenced to undergo life imprisonment with fine of Rs. 10,000/- each and in default of payment of fine to further undergo six months’ rigorous imprisonment.
3. In brief, the prosecution is that complainant/prosecutrix(PW-1) while being admitted in the emergency ward of Kamla Raja Hospital along with her mother and father, in an in
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.
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 conviction for rape based solely on the prosecutrix's testimony is unsustainable without corroborative evidence, especially when inconsistencies and delays in reporting raise doubts.
In cases of sexual assault, delay in lodging FIR is not fatal if explained, especially when considering societal attitudes toward victims.
The credibility of prosecutrix's testimony is sufficient for conviction without requiring independent corroboration when circumstances support her claims.
Offence of Rape - Conviction Upheld - Reliability of statement of prosecutrix/victim - Statement of prosecutrix, if found to be worthy of credence and reliable, requires no corroboration - Court may ....
Testimony of minor victim can be the basis for conviction despite medical evidence not supporting the claim.
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corrobor....
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