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SANJIB BANERJEE, WANLURA DIENGDOH
Bramansing Shangdhiar – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
Sanjib Banerjee, CJ. - The three appellants have been convicted under Section 376(2)(g) of the Indian Penal Code, 1860 and have been each sentenced to 10 years' rigorous imprisonment together with a fine of Rs. 30,000/-. In default of payment of the fine, they have to suffer rigorous imprisonment for a further period of six months.
2. The incident is of the new year's day of 2009. The victim was then 15 years old. That was at a time when the Protection of Children from Sexual Offences Act, 2012 had not been promulgated and the punishment for a rapist was lighter than it is now.
3. Before adverting to the facts, it may do well to notice the principal grounds urged on behalf of the appellants in this common appeal. At the outset, it may also be noticed that the appellants ran a common defence at the trial.
4. The primary anomalies pointed out on behalf of the appellants pertain to certain facts and their presentation by the three principal dramatis personae: the victim herself, her father who lodged the first information report on January 3, 2009 and a brother of the father who heard the victim's cries and was the first to reach the spot in a jungle off the Langja village in whi
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.
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 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 importance of reliable and consistent evidence, the need for corroboration of the victim's testimony, and the requirement for scientific examination of evidence in cases of sexual assault.
The reliability of victim testimony and the presumption of absence of consent in rape cases are crucial legal principles established in the judgment.
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.
Conviction for gang rape can be upheld solely based on the victim's reliable testimony, corroborated by medical evidence, regardless of inconsistencies or lack of immediate identification of the accu....
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