Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Courts have consistently held that the absence of corroboration does not automatically lead to acquittal if the victim’s statement is credible and consistent throughout the proceedings ["Lalchand Rohra S/o Shri Jhethamal Rohra VS State Of Chhattisgarh - Chhattisgarh"], ["Padi Tamo, S/o. Late Padi Kago VS State Of A. P. , Represented by the Public Prosecutor - Gauhati"], ["Devanand Pandey VS State of U. P. - Allahabad"], ["Rajesh Kumar @ Lachhu vs State of Himachal Pradesh - Himachal Pradesh"].
Analysis and Conclusion:
References:- ["Lalchand Rohra S/o Shri Jhethamal Rohra VS State Of Chhattisgarh - Chhattisgarh"]- ["Padi Tamo, S/o. Late Padi Kago VS State Of A. P. , Represented by the Public Prosecutor - Gauhati"]- ["Devanand Pandey VS State of U. P. - Allahabad"]- ["Ajay Kodaku S/o Jagdish Kodaku VS State Of Chhattisgarh Through Station House Officer, Police Of Police Station - Balrampur, Ramanujganj Chhattisgarh - Chhattisgarh"]- ["Dilip Gour, Udalguri, Assam vs State Of Assam, rep. by PP, Assam - Gauhati"]- ["Md. Suhail VS State of Bihar - Patna"]- ["Rajendra Mandavi S/o Late Mukhi Ram Mandavi VS State Of Chhattisgarh - Chhattisgarh"]- ["Satish vs State NCT Of Delhi - Delhi"]- ["Rajesh Kumar @ Lachhu vs State of Himachal Pradesh - Himachal Pradesh"]
In high-stakes criminal cases, particularly those involving sexual offenses, a pressing question often arises: Is the sole statement of a woman or victim sufficient to convict the accused? This issue strikes at the heart of in India, balancing the need for justice for victims with the accused's right to a fair trial. have addressed this repeatedly, emphasizing credibility over . This post explores judicial precedents, key principles, and nuances to provide clarity—remember, this is general information, not specific legal advice. Consult a qualified lawyer for your situation.
Under Indian law, conviction solely on the victim's testimony is permissible provided it is , , and , without always requiring . Courts prioritize the over quantity [
#VictimTestimony #RapeConvictionIndia #IndianLaw
The testimony of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires ... The testimony of the prosecutrix, if well founded & trustworthy, is by itself sufficient to convict the accused. 21. Further, let it not be forgotten....
, court should find no difficulty to act on testimony of victim of a sexual assault alone to convict accused- seeking corroboration to a statement before relying upon the same as a rule, in such cases, would literally amount to adding insult to injury- Deposition of prosecutrix has to be taken as a whole ... In the case of Santosh Prashad (supra), the Hon’ble Supreme Court has observed and held which is reproduced herein under:- "5.5 with the aforesaid decision in mind it is to be considered whether it is safe to #HL_ST....
On the other hand, learned Additional Public Prosecutor would submit that the victim girl/PW-2 has stated that the appellant had forcibly raped her. The said statement would suffice to convict the appellant. ... It is understandable in cases of married women or the victim having knowledge about what constitutes ‘rape’ to accept the statement that the victim was subjected to rape. There is nothing on record in the evidence of PW-2 that she had knowledge about sexual ac....
No doubt, in cases lodged under Sections 363, 366 and 376 IPC, testimony of the victim girl is of paramount importance and once the testimony of the victim is without contradiction, then the said testimony itself is sufficient to convict the accused but where it is found that the story narrated by the ... 5.5 With the aforesaid decisions in mind, it is required to be considered, whether is it safe to convict the accused solely on the solitary eviden....
Prasad, learned counsel for the appellant/convict submits that the learned trial Court has committed an error of law by solely relying on the testimony of interested witnesses. ... accused to the victim. ... of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. ... The learned trial Judge, after considering the statement of witnesses and evidence available on record, convicted and sentenced the appellant/#HL....
He, therefore, contends that this evidence is sufficient to convict the accused for the offence punishable under Section 376 of IPC. ... Therefore, the Trial Court held that the said report as well as the medical opinion of P.W.8 were sufficient to prove that the accused had committed rape on the victim girl. ... The statement of the victim girl was recorded under Section 164 of the Code of Criminal Procedure, 1973. He also recorded the sta....
The testimony of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires ... of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. ... Thus, the law that emerges on the issue is to th....
of the victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. ... Even if the statement of Niaz Deen, PW 4 is not taken into consideration, the other corroborative evidence in the case is sufficient to connect the accused with the crime. 30. ... The informant cried and tried to resist the accused but the accused did not take care and further torn the under garment of the vic....
of the victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. ... The testimony of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires ... Vijay Minj again....
The testimony of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires ... However, the same is not a reason to doubt the evidence of PW3, the victim of the offence, particularly since her testimony finds sufficient corroboration from the med....
In sexual offences, the evidence of the victim alone is sufficient to convict the accused. The evidence of the victim is like that and hence the Court cannot reject the victim's testimony unless it is motivated or exaggerated. Since the offence will not happen in the public view, the evidence of the victim deserves the best weightage.
In sexual offences, the evidence of the victim alone is sufficient to convict the accused. The evidence of the victim is like that and hence the Court cannot reject the victim's testimony unless it is motivated or exaggerated. Since the offence will not happen in the public view, the evidence of the victim deserves the best weightage.
She would state that this Court should not evaluate the correctness or truthfulness of the allegations at this juncture. She would state that the statement of the prosecutrix alone is sufficient to convict the accused/petitioner in case of rape.
In this connection, the Government Advocate contended that insofar as the offence of rape is concerned, the victim girl's evidence is solely sufficient for sustaining the conviction of the accused. However the Apex Court in the decision rendered in Criminal Appeal No. 1095 of 2018 dated 29.08.2018 [ Dola @ Dolagobinda Pradhan and another Vs.
However the Apex Court in the decision rendered in Criminal Appeal No. 1095 of 2018 dated 29.08.2018 [ Dola @ Dolagobinda Pradhan and another Vs. In this connection, the Government Advocate contended that insofar as the offence of rape is concerned, the victim girl's evidence is solely sufficient for sustaining the conviction of the accused.
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