IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL MISHRA, G.S.AHLUWALIA,
Raju @ Umakant – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
VISHAL MISHRA, J.
1. Assailing the judgment of conviction dated 17.11.2006 passed by Special Judge, (SC/ST Prevention of Atrocities) Act, Katni in Special Sessions Case No.140 of 2004 whereby accused/appellants have been convicted as under :-
| S. No. | Conviction | Sentence |
| For appellant No.1/Raju @ Umakant | ||
| 1. | Under Section 366 of the IPC | R.I. for 05 years and fine of Rs.2,000/- in default of Fine R.I. for 06 months. |
| 2. | Under Section 3(2-5) SC/ST (Prevention of Atrocities) Act and under Section 376 (2-G) of IPC | R.I. for life and fine of Rs.2,000/- in default of fine R.I. for 01 year. |
| 3. | Under Section 342 of the IPC | R.I. for 06 months and fine of Rs.200/- in default of fine R.I. for 02 months. |
| For appellant No.2/Jalandhar Kol | ||
| 1. | Under Section 366 of the IPC | R.I. for 05 years and fine of Rs.2,000/- in default of Fine R.I. for 06 months. |
| 2. | Under Section 376(2-G) of the IPC | R.I. for 10 years and fine of Rs.2,000/- in default of fine R.I. for 01 year. |
| 3. | Under Section 342 of the IPC | R.I. for 06 months and fine of Rs.200/- in default of fine R.I. for 02 months. |
All the custodial sentences shall run concurrently.
2. It is the case of the prosecution that between 23.06.2004 to 27.06.2004, the said offence is
Consent obtained through threats does not establish consensual engagement; credible victim testimony supported by evidence can suffice for conviction in sexual assault cases.
Conviction for sexual offences can be based solely on the victim's credible testimony, without corroboration, if the evidence is clear and consistent; defendants must prove material inconsistencies f....
The main legal point established in the judgment is the requirement for the prosecution to prove cases of abduction and rape beyond reasonable doubt, especially when relying on the sole testimony of ....
The court upheld the conviction of both appellants for gang rape, affirming that witness credibility and minor inconsistencies do not undermine the prosecution's case.
Point of Law : The chastity of a woman ruined as soon as such offence is committed, while in a civilized society, respect or reputation is a basic right. No member of society can afford to conceive t....
Offence of the accused is established beyond reasonable doubt on the basis of legal evidence and material on the record, he cannot be convicted for an offence. There is an initial presumption of inno....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.