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SANJIB BANERJEE, W. DIENGDOH
Robin N. Marak – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. The appellant has been convicted for having committed an offence under Section 376 of the Indian Penal Code, 1860 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. The appellant has served out nearly eight years of the ten-year sentence suffered by him.
2. The incident is of September 8, 2014. The complaint lodged with the Williamnagar Women's Police Station on September 9, 2014 by the mother of the victim claimed that the mother had gone to the market on the previous day and had left her daughters at home in village Wari Mandal. The FIR asserted that when the mother returned in the evening, she found her seven-year-old daughter not at home. The mother claimed that she undertook a search of the nearby areas along with her family members and, at around 5 pm, she found the victim lying in an unconscious state by the nearby jungle stream. The FIR also stated that after the victim was brought home and after she regained her consciousness, she revealed that she had gone to take a bath and wash her younger sister's nappies in the stream, when the appellant herein, who resided in the same village, took her to the upper side of the stream and sexu
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 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 victim's clear testimony, medical examination, and the appellant's admission of the offence are crucial in establishing the guilt beyond reasonable doubt.
The central legal point established in the judgment is the reliance on clear and consistent testimony, medical evidence, and witness statements to establish the nature of the offense and modify the c....
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 evidence of a rape victim should be treated on par with an injured witness, and mere penetration is sufficient to constitute rape.
The testimony of a victim in sexual assault cases can be sufficient for conviction if corroborated by credible evidence, including medical reports.
The victim's testimony in a sexual assault case holds significant weight and may not require corroboration. The principle of proportionality influences the determination of sentences.
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