SANJIB BANERJEE, WANLURA DIENGDOH
Trimborilin Kharbani – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
Sanjib Banerjee, CJ. - The appellant assails a judgment of conviction of December 21, 2018 that found him guilty under Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 and the resultant punishment. The appellant has been sentenced to suffer imprisonment for ten years and to pay a fine of Rs. 20,000/-. In default of payment of the fine, the appellant has to undergo an additional year of imprisonment.
2. In seeking to question the propriety of the impugned judgment of conviction, the appellant submits that the only basis for the conviction is the statement of the alleged victim as there was no witness and the only attempt at corroboration of the incident is through the self-serving statements of the close relatives of the alleged victim. The appellant seeks to point out that in course of his response to the questions put to him by the trial court under Section 313 of the Code of Criminal Procedure, 1973, the appellant had made out a case that there was considerable enmity between the father of the alleged victim and the appellant since the appellant had tried to dissuade the father of the alleged victim from continuing an extra-mari
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 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 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 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.
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 central legal point established in the judgment is the interpretation of the victim's statement and the appellant's admission, leading to the determination of the nature of the offence committed ....
Delay in lodging FIR and discrepancies in victim's testimony raise doubts; conviction cannot stand on sole basis of victim's statement without corroborative evidence.
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