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SANJIB BANERJEE, W. DIENGDOH
Aibor Sohkhwai – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
Sanjib Banerjee; CJ. - This appears to be an appeal filed in the usual course with a prayer on the lips but with little hope.
2. The appellant herein has been convicted for committing the offence punishable under Section 376(2)(f)(i) of the Indian Penal Code, 1860 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. The appellant has been sentenced to rigorous imprisonment for 10 years and imposed a fine of Rs.25,000/-. In default of the payment of fine, the appellant is to suffer further simple imprisonment for six months.
3. The first information report was lodged on April 21, 2014, complaining of the minor having been raped on the previous day by the husband of her mother's younger sister.
4. In a detailed statement recorded under Section 164 of the Code of Criminal Procedure, 1973, the victim who was about 13 to 14 years at the time, detailed how her 'Parit' had induced her to accompany him to his home on the ground that his wife was unwell. The minor girl narrated that en route to the residence of her Parit and Meirit, she was forced by the uncle into a jungle and raped between 7 pm and 11 pm. She claimed that the uncle appeared to have been d
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 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 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 victim's clear testimony, medical examination, and the appellant's admission of the offence are crucial in establishing the guilt beyond reasonable doubt.
The testimony of a victim in sexual assault cases can be sufficient for conviction if corroborated by credible evidence, including medical reports.
The confession of the accused, the victim's testimony, and the identification of the accused by the victim were pivotal in establishing the offence beyond reasonable doubt.
The conviction of the appellant was upheld based on the victim's consistent testimony and corroborating medical evidence, establishing guilt beyond reasonable doubt.
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.
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