SANJIB BANERJEE, W. DIENGDOH
Krekborlang Sawkmie – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
Sanjib Banerjee, CJ. - The appellant has been convicted under Section 4 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to 15 years' imprisonment together with a fine of Rs.20,000/-. In default of payment of the fine, the appellant has to suffer a further year's imprisonment.
2. According to the minor victim then aged eight, there were three clear incidents of rape over a four-day period in the first week of June, 2013. The girl consistently maintained in course of her statement recorded under Section 164 of the Code of Criminal Procedure, 1973 and her testimony at the trial that the first incident was on a Saturday, the second incident was on the following Monday and the third incident was on Tuesday. According to the victim, on that Saturday in the first week of June, 2013, she accompanied her sister, Sita, and the sister's husband, the appellant herein, and their two-year-old daughter to a jungle at Laitlum in the hope of catching some fish. The girl narrated that while her sister Sita went on in one direction in the jungle, she, the appellant and the infant went another way and it was at such time that she was grabbed by the appellant, pushed t
The credibility of the victim's allegations, the principle that discrepancies in details do not undermine the basic story, and the importance of the victim's testimony in the absence of corroborative....
The torn hymen as evidence of sexual assault, the credibility of the victim's allegations, and the failure of the accused to provide a defense or justify naming an alternative offender were central l....
The credibility of the victim's testimony and the reasonableness of the delay in lodging the complaint are crucial factors in determining the outcome of the case.
The conviction was upheld based on the victim's credible testimony corroborated by other family members, establishing the accused's guilt despite minor inconsistencies and a delay in filing the FIR.
The central legal point established in the judgment is the importance of establishing the identity of the perpetrator, the impact of alibi on the overall appreciation of the matter, and the requireme....
The judgment emphasizes the importance of establishing the identity of the perpetrator and the impact of setting up an alibi in a criminal case.
The significance of credible testimony, medical evidence, and contradictions in the accused's statements in establishing guilt for sexual offenses against minors.
Credibility of survivor's statement, corroborative evidence, and lack of defense or motive for false accusation are crucial in establishing guilt in cases of sexual offences against children.
The court emphasized the importance of the victim's testimony, corroborating evidence, and lack of dispute regarding the victim's age in establishing the appellant's guilt for the offence of rape.
The failure of the appellants' attempt to set up an alibi and the reliance on the essential features of the victim's evidence and its corroboration were central to the court's decision.
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