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IN THE COURT OF MANIPUR AT IMPHAL
JUDGEMENT& ORDER :
A. GUNESHWAR SHARMA, J.
1. The Present Cril. Appeal is filed against the Judgement and Order of conviction dated 18/12/2017 and Order of Sentence dated 20/12/2017 passed by the Ld. Addl. Sessions Judge (FTC) Crime Against Women, Manipur in S.T. (CAW) Case No. 3 of 2017 convicting the Appellants under Section 376 -D of the Indian Penal Code and sentencing the 1st Appellant to undergo rigorous imprisonment for life with fine of Rs. 10,000/- (Ten Thousand) only and the rest 2(two) Appellants to undergo rigorous imprisonment for a period of 20 years and a fine of Rs. 5,000/- (Five Thousand) each and in default of payment of fine the accused have to undergo 3(three) months simple imprisonment.
2. The prosecution story is that on 23/01/2014 at about 1pm, the complainant namely Ashang Kasar lodged a written complaint stating that on 22/01/2014 at about 1 or 2 pm, his niece Miss X (name withheld) came from Mantripukhri Bazaar. When she reached at Lamlongei, the three persons came and kidnapped his niece and later raped her in Lamlongei jungle. Accordingly a regular case being F.I.R No. 04(1)2014 HNG-PS, 376/34 IPC was registered and after investigation, charge sheet was sub
The reliability of victim testimony and the presumption of absence of consent in rape cases are crucial legal principles established in the judgment.
Rape – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corroboration.
Credible testimony of the victim in sexual assault cases can suffice for conviction even without corroborating medical evidence, particularly in gang rape situations where evidence may be challenging....
The Court established that minor contradictions in a victim's testimony should not discredit credible evidence in a rape case; corroboration is not mandatory if the victim's evidence inspires confide....
The court upheld the conviction of both appellants for gang rape, affirming that witness credibility and minor inconsistencies do not undermine the prosecution's case.
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