year child was raped and murdered. Death sentence was commuted as the
case was based on circumstantial evidence and the convict had expressed remorse ... Gujarat , (2005) 3 SCC 127, although the
convict had committed the heinous offence of rape and murder of a girl.
In Bantu Alias Naresh Giri
inconsistency in
statement of the prosecutrix as regards the accused who committed
rape upon her. In support of such proposition he relied on a decision ... relates to an offence one of gang rape where
the trial Court convicted the accused person under Section
sexual assault alone to convict the accused. In other
words, the sole testimony of a victim of rape may be the basis of
conviction ... above principle of appreciation of evidence of a convict in a
case of rape will apply under the facts and circumstances of each case
decision. Mr. Panda submitted that in a rape case,
an accused can be convicted on the sole testimony of the prosecutrix.
However, on going through ... Court after concluding the
13
proceeding convicted all the accused persons including the appellant
for committing gang rape and sentence each of them
stating that accused
had committed rape on her taking to the house of convict appellant. PW-3 found
then profuse bleeding from the private parts ... above of the house of
convict appellant. She further clarified in her cross-examination that the house
of convict appellant was situated in between
learned Additional Sessions Judge,
Fast Track Court - II, Howrah, convicted the appellant for committing
offence under Section 376(2)(f) of the Indian Penal Code ... convict him
of the offence of attempt to commit rape under the said section of the
IPC read with Section 511 thereof. We substitute
record it appears that the writ petitioner was convicted of
an offence including that of rape by and under the judgment of conviction
dated January ... admitted position that the appellant/petitioner who is a convict carried
the judgment of conviction and the order of sentence in an appeal before
case where the present appellant has been convicted for abating an offence of rape. He
submits that actually this is a case of rape involving
order dated 09.12.2013 and 10.12.2013 convicted and
sentenced the appellant, as aforesaid. Co-accused Sangita was convicted and
sentenced under Sections 366 / 120B ... preferred by the co-convicts.
4
Mr. Bhattacharya, learned Counsel appearing for the appellant, argued
that allegation of forcible rape is highly improbable
2009, convicting the
appellant under Section 376 (2) (f) of the Indian Penal Code, and thereby
sentencing the convict appellant to suffer rigorous imprisonment ... convicting the appellant in the absence of any apparent infirmity or
inconsistency found in their testimony adduced before the court.
While conducting rape trial
