SANJIB BANERJEE, W. DIENGDOH
Witnar T. Sangma @ Rambong – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
Sanjib Banerjee, CJ. - This is the usual appeal filed on behalf of the convict with counsel engaged by the Legal Services Authority. However, there is little room for the appellant to manoeuvre or wriggle out of the situation in view of the facts as they presented themselves before the Trial Court and the veritable admission on the part of the appellant.
2. The FIR was lodged by the 14-year-old victim's father on April 28, 2017, reporting of an incident that took place the previous afternoon. The victim's statements given in course of the investigation and her oral testimony in Court are clear and leave little room for doubt. Just as her father's FIR had indicated, the victim was returning from school between 3 pm and 4 pm on April 27, 2017, when she was accosted by the present appellant and another person who forcibly took her to the nearby jungle and raped her one after another. The two left the victim bleeding and threatened the victim not to narrate the incident to any person.
3. The victim identified the appellant in Court. The other person involved was discovered to be a juvenile and the matter pertaining to such other person was referred to the Juvenile Justice Board.
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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 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 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 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 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.
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 sole testimony of the victim can be accepted and relied upon for fixing guilt if it inspires confidence, and medical evidence about 'habituated to sex' does not relieve the accused from the charg....
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 testimony of a victim in sexual assault cases can be sufficient for conviction if corroborated by credible evidence, including medical reports.
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