Bail Applicant Under Mandatory Obligation To Disclose Criminal Antecedents, Non-Disclosure Results In Erroneous Decisions: Andhra Pradesh High Court Judicial Decrees Cannot Be Set Aside By Administrative Orders After Decades; Long-Standing Revenue Entries Must Be Protected: Allahabad High Court 'Any Use Whatsoever' Includes Promotion & Events: Bombay High Court Restrains New Indian Express Group From Hosting Commercial Events Outside Southern States Reserved Category Candidates Who Qualify On Their Own Seniority Must Be Adjusted Against Unreserved Vacancies: Calcutta High Court Decree For Possession Can Be Passed If Landlord-Tenant Relationship & Termination Are Admitted; Unregistered Lease Is Month-To-Month: Delhi High Court Prosecution Against Co-Accused Not Sustainable When Main Accused Is Discharged On Same Facts: Jharkhand High Court Admission Of Handwriting On Account Statement Is Not Admission Of Its Contents; Corroborative Evidence Necessary To Prove Claim: Gujarat High Court Omission Of Label Defects In Food Inspector's Spot Memo Fatal To Prosecution For Misbranding: Himachal Pradesh High Court RBI Must Consult State Government, Not Just Registrar, To Supersede Co-operative Bank Board; Principles Of Natural Justice Excluded Under Section 36AAA: Kerala High Court Suit Filed Before IBC Proceedings Cannot Be Dismissed Under Order VII Rule 11 CPC; Section 96 Moratorium Only Stays Pending Actions: Calcutta High Court Senior Citizens Not Technologically Savvy Cannot Be Penalized For Not Checking Case Status On Court Website: Tripura High Court Telangana High Court Quashes Case Against CM Revanth Reddy Over 2019 Election Roadshow, Cites Bar Under Section 195 CrPC Maintenance Tribunal Orders Passed Without Mandated Three-Member Coram Are A Nullity: Punjab & Haryana High Court School Register Entry Regarding Date Of Birth Lacks Probative Value Unless Source Of Information Is Proved: Madhya Pradesh High Court Sets Aside POCSO Conviction Limitation Period For Specific Performance Starts From Date Of Refusal If No Fixed Date Stipulated In Agreement: Karnataka High Court Pensionary Benefits Not ‘Pecuniary Advantage’, Cannot Be Deducted From Income For Motor Accident Compensation: Punjab & Haryana High Court Will | Disinheriting Caring Spouse In Favour Of Non-Relatives Is An ‘Unnatural Disposition’ Raising Grave Suspicion: Supreme Court Registration Does Not Automatically Validate Will If Process Is Shrouded In Suspicion; Testator's Illiteracy Increases Burden On Propounder: Supreme Court Propounder Faces Heavy Burden Of Proof When Testator Is Illiterate; Registration Does Not Cure Unexplained Suspicious Circumstances: Supreme Court

Testimony of Rape Victim, If Credible and Trustworthy, Sufficient for Conviction: Bombay High Court Upholds Conviction in Gang Rape Case

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Bombay High Court, Aurangabad Bench, presided by Justice Abhay S. Waghmare, has dismissed the appeals in Criminal Appeal No. 309 of 2002 and Criminal Appeal No. 302 of 2002, upholding the conviction of the appellants for gang rape under Section 376(2)(g) read with Section 34 of the Indian Penal Code (IPC). The court emphasized the credibility of the rape victim's testimony in the absence of physical injuries or conclusive medical evidence.

The case involved the appeals filed by the convicts, Sukhdeo Bhimrao Munde and others, against their conviction for the gang rape of a woman near a small stream at knife point. The prosecution's case was based on the victim's testimony, corroborated by indirect evidence from a witness, PW7, who, despite turning hostile, provided critical information.

Justice Waghmare meticulously assessed the evidence, highlighting the importance of the victim's testimony. The court observed, "The testimony of the rape victim is of utmost importance in rape cases." It was noted that the absence of physical injuries or medical evidence conclusively proving rape does not undermine the credibility of the victim's account.

The court also dealt with the role of hostile witnesses. Justice Waghmare stated, "The entire testimony of a hostile witness need not be discarded." In this case, PW7's testimony, though hostile, indirectly supported the victim's account, lending credence to the prosecution's narrative.

On corroborative evidence in rape cases, the court observed, "Corroborative evidence is not imperative in rape cases." The conviction can be based on the uncorroborated evidence of the victim if it inspires confidence.

Regarding the failure to conduct a Test Identification Parade, the court held that such failure is not always fatal to the prosecution's case, especially when the accused were promptly apprehended and identified by the victim.

Decision: The court dismissed both appeals, thereby upholding the conviction of the appellants as decided by the trial court.

 

Date of Decision: 29 February, 2024

Sukhdeo Bhimrao Munde vs The State Of Maharashtra

Latest Legal News