Back
SANJIB BANERJEE, W. DIENGDOH
Charming Rupon – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
Sanjib Banerjee, CJ. - The appellant has been convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to ten years' rigorous imprisonment with a fine of Rs.1 lakh. In default of payment of the fine, the appellant has to suffer further simple imprisonment for five months.
2. The principal ground urged by the appellant is that the appellant was not sufficiently identified as the offender or even being present at the place of occurrence at the time that the offence is said to have been committed. In particular, the appellant refers to the statement of the victim to the effect that it was the victim's mother who named the appellant to the victim; the fact that the relationship that the victim described as between the victim and the appellant was completely incorrect; and, most importantly, the retraction by PW 2 in course of her re-examination after having initially said that shortly after the incident occurred, PW 2 had seen the victim and the appellant having kwai.
3. The other major ground raised by the appellant is that there was a perfect alibi set up by the appellant and three other witnesses along with the appellant testified to
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 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 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 prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
The reliability of the victim's testimony and medical evidence in cases of sexual offences, and the reasonableness of delay in filing the FIR due to the sensitive nature of such offences.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
