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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
Boddula Shekar S/o Gopal – Appellant
Versus
State of Telangana, rep.by its Public Prosecutor, High Court at Hyd. – Respondent
JUDGMENT :
K. Lakshman, J.
Heard Mrs. G. Jaya Reddy, learned counsel for the appellant - accused and Mr. Syed. Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent extensively.
2. This appeal is filed challenging the judgment dated 09.06.2017 in S.S.C. No.41 of 2014 passed by learned Special Judge for SC/ST (POA) Cases-cum-VII Additional District Judge, Warangal (hereinafter referred to ‘trial Court’).
3. Vide the aforesaid judgment, learned trial Court convicted the appellant - accused for the charges under Section - 376 (2) (f) read with 511 of IPC and Sections - 3 (1) (xii) and 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘Act, 1989’) and sentenced him to undergo rigorous imprisonment for a period of TEN (10) YEARS and to pay fine of Rs.1,000 (Rupees One Thousand Only) and in default to undergo simple imprisonment for a period of one (01) month for the charge under Section - 376 (2) (f) read with 511 of IPC. He was sentenced to undergo rigorous life imprisonment and to pay fine of Rs.1,000 (Rupees One Thousand Only) and in default to undergo simple imprisonment for a period of one (01)
The court emphasized that prosecution must prove guilt beyond a reasonable doubt, and inconsistencies in testimonies and lack of medical evidence prohibited sustaining the conviction.
The main legal point established in the judgment is that while the evidence supported the conviction for kidnapping, it was insufficient to establish the allegations of rape and sexual assault due to....
The court upheld the conviction of the accused for the offence of rape under Sec. 376(2)(f) IPC, emphasizing the reliability of the victim's testimony and the corroboration from medical evidence.
Point of law: POCSO Act - Testimony of the victim and her mother PW1 does not inspire confidence in the mind of the Court to hold accused guilty of the alleged offence- while appreciating the evidenc....
The sufficiency of solitary evidence in cases of sexual offences and the requirement for consistency and trustworthiness in such testimony.
In a case of rape, conviction can be sustained basing on solitary testimony of prosecutrix – No undue leniency can be shown towards accused.
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
A victim's testimony, if credible and corroborated, can be sufficient for conviction, highlighting the judicial approach towards sexual assault cases involving minors.
Consent given by a mentally unsound person is invalid in law, and the delay in lodging an FIR in rape cases does not automatically undermine the prosecution's case if satisfactorily explained.
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