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T. AMARNATH GOUD, ARINDAM LODH
Pintu Ghosh – Appellant
Versus
State of Tripura. – Respondent
| Table of Content |
|---|
| 1. factual basis of conviction established. (Para 1 , 2 , 3 , 4) |
| 2. court's observations on testimony and evidence. (Para 5 , 8 , 9 , 10) |
| 3. appellant's arguments against conviction. (Para 6 , 7) |
JUDGMENT
1. This appeal by the convict is directed against the judgment and order of conviction and sentence dated 06.06.2019 delivered in Sessions Trial (T-1) 31 of 2015 by the Addl. Sessions Judge, Court No.5, West Tripura, Agartala. The appellant has been convicted under Sections 376(2)(f) of the IPC and sentenced to suffer rigorous imprisonment for 10 years and also to pay a fine of Rs.5000/- and in default of payment of fine the appellant shall also suffer further simple imprisonment for 2 (two) months.
2. Genesis of the prosecution is rooted in the complaint filed by one Anju Das (PW-4) disclosing that on 10.09.2012 the informant went out of her house for performing works under REGA leaving the victim alone in her house. Around 4 pm accused (Pintu Ghosh) allured the victim on the pretext of feeding chocolate, chips etc and took the victim to his house and committed rape upon the victim therein. On hearing alarm of the victim, Smt. Manti Ghosh (PW-5) wife of elder brother o
The court emphasized the admissibility of child testimony under IPC Section 376(2)(f), establishing that a minor's capability to understand questions affirms her testimony while reinforcing the credi....
It is unbelievable to say that a mother would put her daughter entire life at stake by involving her in a serious matter like rape.
The reliability and trustworthiness of the victim's testimony, along with medical evidence, can establish guilt in cases of sexual offenses.
The testimony of a sexual assault victim is critical and can be relied upon without corroboration, emphasizing the need for sensitivity in judicial evaluations of such cases.
The testimony of a victim of sexual assault is credible and does not require corroboration for conviction, emphasizing the need for sensitivity in evaluating such cases.
Victim's testimony in sexual assault cases carries significant weight; corroboration is not necessary unless warranted by circumstances, reinforcing the need for sensitivity in judicial proceedings i....
The conviction for rape can be overturned if the evidence is insufficient to demonstrate the lack of consent, particularly when the victim's own statements indicate a consensual relationship.
Kidnapping and rape – Reliance on emotional state of victim as a proxy for corroboration of allegations would be both legally unsound and procedurally inappropriate.
Consent cannot be validly given by a minor; conviction under proper provision affirmed following established legal principles.
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