Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

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