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IN THE HIGH COURT FOR THE STATE OF TELANGANA, HYDERABAD
P.SAM KOSHY, N.TUKARAMJI
Colonel Rishi Sharma – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. details of the prosecution's case involve a reported rape. (Para 4 , 5 , 6) |
| 2. defense arguments highlight inconsistencies in evidence. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. prosecution justifies delay in filing complaint due to threats. (Para 14 , 15 , 16 , 17 , 19) |
| 4. court emphasizes the need for corroborative evidence for conviction. (Para 18 , 22 , 24 , 26) |
| 5. discrediting the testimony based on contradictions and lack of medical records. (Para 20 , 21 , 31) |
| 6. conviction cannot be sustained due to lack of evidence. (Para 34 , 35) |
| 7. court expresses concern over the investigation's ineffectiveness. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49) |
JUDGMENT :
P.Sam Koshy, J.
Heard Mr. E.Uma Maheshwar Rao, learned counsel for the appellant - accused and Mr. M.Ramachandra Reddy, learned Additional Public Prosecutor for the respondent - State.
2. The instant is an appeal under Section 374(2) of Cr.P.C. filed by the appellant challenging the judgment of conviction dated 11.09.2024, in S.C.No.132 of 2019, passed by the Spl. Sessions Judge for Fast Tracking the Cases Relating to Atrocities Against Women-cum-XIII Addl. District and Sessions Judge, R.R. D
The prosecution must establish guilt beyond reasonable doubt, and failures in evidence and investigation led to the appellant's acquittal in the absence of reliable testimony.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corrobor....
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
The conviction for rape can stand on the sole testimony of the victim if it inspires confidence, despite deficiencies in the investigation process.
The judgment establishes that the sole testimony of a prosecutrix in a rape case must be credible and consistent; otherwise, it cannot be relied upon for conviction, especially in the absence of corr....
The main legal point established in the judgment is the requirement for credible and unimpeachable testimony, as well as the need for corroboration in cases of sexual assault.
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