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IN THE HIGH COURT OF TRIPURA AT AGARTALA
T.AMARNATH GOUD, BISWAJIT PALIT
Md. Dudhu Miah S/o Md. Rafik Miah – Appellant
Versus
State of Tripura – Respondent
JUDGMENT :
BISWAJIT PALIT, J.
1. These three appeals have been preferred challenging the common judgment dated 04.03.2023 and also against the date of sentencing order dated 06.03.2023 delivered by the Special Judge, Court No.2, Gomati Judicial District, Udaipur of convicting the appellants in Case No. Special 01 of 2022. By the said judgment the convict appellants Md. Tajul Islam, Md. Saddam Hossain, Md. Rabban Ali, Md. Dudhu Miah and Md. Samiman Hossain have been sentenced to suffer simple imprisonment for a period of one month with fine of Rs.500/- each under Section 341 of IPC in default to suffer R.I. for three days. All the convicts also have been sentenced to suffer R.I. for two years with fine of Rs.2,000/- each under Section 3(2) 4 of IPC in default to suffer R.I. for one month and the convicts have been sentenced to suffer R.I. for a period of seven years with fine of Rs.5,000/- each under Section 366 of IPC in default to suffer R.I. for three months and the convicts have been further sentenced to suffer imprisonment for life which shall mean imprisonment for the remainder of those convicts natural life and with fine of Rs.50,000/- each under Section 376 D of IPC in defaul
Credibility of victim testimony in sexual assault cases is paramount; delays and minor discrepancies in reporting do not invalidate the prosecution's case when strong corroborative evidence exists.
In cases of rape, inconsistencies and lack of corroborative evidence, particularly regarding victim identification and age, undermine prosecution's case, necessitating acquittal.
Sentence - Kidnapping and abduction - Sentence cannot be reduced as Manner of commission of offence was cruel.
Credible testimony of the victim in sexual assault cases can suffice for conviction even without corroborating medical evidence, particularly in gang rape situations where evidence may be challenging....
Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.
The prosecution must prove foundational facts, including the victim's age, to establish guilt under POCSO Act; discrepancies in evidence warrant acquittal.
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