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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SURENDER
Samasthapuram Balappa – Appellant
Versus
State of A.P. – Respondent
| Table of Content |
|---|
| 1. conviction based on victim's testimony (Para 1 , 2 , 3) |
| 2. defense arguments on evidence and credibility (Para 4 , 5) |
| 3. court's analysis and reliance on corroborating evidence (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. final judgment and order of conviction (Para 12) |
JUDGMENT :
K. SURENDER, J.
1. The appellant was convicted for the offence under Section 376(f) and Section 506 of IPC for committing rape on the victim girl/P.W.2 vide judgment in S.C.No.771 of 2011 dated 26.09.2012 by the II Additional District and Sessions Judge, at Mahabubnagar. Aggrieved by the same, present appeal is filed.
2. Briefly, the case of the victim girl/P.W.2 is that she was aged ten years. Around 7.00 or 8.00 a.m in the morning, the mother/P.W.1 and her grandmother went outside. When she was alone in the house, the appellant went into the house and asked about the mother and grandmother. P.W.2 stated that they were not in the house. Then the appellant forcibly took her into the room where he laid her on a gunny bag on the floor. He lifted her skirt and kept male organ in her private part and committed rape. P.W.2 shouted for help, but he did not leave her and closed her mouth with his hands. Thereaf
Testimonial evidence of a minor victim can be sufficient for conviction in sexual assault cases, supported by medical corroboration indicating signs of assault despite the absence of semen.
The need for corroborative evidence and the specific requirements for establishing sexual assault and rape under the Protection of Children from Sexual Offences Act, 2012 and the Indian Penal Code.
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....
Testimony of a child victim, if found consistent and credible, outweighs contradictory medical evidence even in the absence of physical injury. A reasonable explanation for the delay in filing a comp....
In rape cases, conviction cannot solely rely on the uncorroborated testimony of the prosecutrix, especially when significant discrepancies and absence of physical evidence exist to support the claims....
The court affirmed that the victim's testimony, corroborated by medical evidence, is sufficient for conviction in rape cases, even with minor inconsistencies.
Conviction in sexual assault cases relies heavily on victim testimony, which can be accepted without corroboration if found credible; absence of physical evidence or major injury can lead to acquitta....
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