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Conviction u/s 376 D IPC but no medical report recorded
12-Jul-2023 (In Criminal Law)
For false alligation of 376 D my brother got sentence of 20 year by Hazaribag court although the case was registered after more than a year and didn't have any medical report
Hon'ble Supreme Court in State of Punjab v. Gurmeet Singh has held that the courts cannot over-look the fact that in sexual offences delay in the lodging of the FIR can be due to variety of reasons particularly the reluctance of the prosecutrix or her family members to go to the police and complain about the incident which concerns the reputation of the prosecutrix and the honour of her family. So, the fact that the FIR was lodged one year later is not fatal to the prosecution case.
With respect to the fact that the medical examination of the victim was not carried out and a medico-legal report was not furnished as evidence in support of the prosecution case, the decision of Allahabad High Court in Nanak Singh v. State of Uttar Pradesh bears retelling. Therein it was held that mere non-production of a medical report would not be of consequence if other evidences in support of the prosecution were believable.
Depending on the facts and circumstances of your case which can only be understood in detail after going through your case file, the Court, as long as it is convinced of the guilt of the accused, can justifiably not insist on strict corrobation at every nodal point of the prosecution story.
In effect, in a prosecution for gang rape under Section 376D IPC without furnishing the medical report of the victim, it is important to note that mere non-production of such a medical report will not demolish the prosecution story, when through other evidences, the court feels satisfied that it can place reliance on the testimony of the victim-woman.
Any further comment can only be made after looking at the grounds on which the Court has based the conviction.
With respect to the fact that the medical examination of the victim was not carried out and a medico-legal report was not furnished as evidence in support of the prosecution case, the decision of Allahabad High Court in Nanak Singh v. State of Uttar Pradesh bears retelling. Therein it was held that mere non-production of a medical report would not be of consequence if other evidences in support of the prosecution were believable.
Depending on the facts and circumstances of your case which can only be understood in detail after going through your case file, the Court, as long as it is convinced of the guilt of the accused, can justifiably not insist on strict corrobation at every nodal point of the prosecution story.
In effect, in a prosecution for gang rape under Section 376D IPC without furnishing the medical report of the victim, it is important to note that mere non-production of such a medical report will not demolish the prosecution story, when through other evidences, the court feels satisfied that it can place reliance on the testimony of the victim-woman.
Any further comment can only be made after looking at the grounds on which the Court has based the conviction.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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What is misuse of Section 376 IPC?
According to a recent ruling by the Uttarakhand High Court [Manoj Kumar Arya V. State of Uttarakhand], women are using the law that punishes rape in Section 376 of Indian Penal Code as a weapon when they have a disagreement with their male partner. 20-Jul-2023
How do you prove 376?
The Indian penal code section 376 deals with the punishment of rape. ...
In most cases, there is no direct evidence of rape. The case must be built on circumstantial evidence. ...
The panchanama at the alleged rape spot: Police conduct a panchanama on the alleged rape site.
Is 376 IPC bailable or non bailable?
Answer: Non-bailable. IPC section 376 outlines the punishment for sexual offences such as rape. The crime is classified as non-bailable, which means bail cannot be granted as a matter or right. The court has the right to decide whether or not to grant bail. 19-Oct-2023
immediately move before Jharkhand high court in criminal appeal for setting aside the judgement of conviction and suspension of sentence till the pendency of the appeal.
if there is some delay it will be condoned for hearing of the case.
feel free to contact for further help.
if there is some delay it will be condoned for hearing of the case.
feel free to contact for further help.
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It is advisable to first challenge the order in Appeal in High Court so that immediate relief is granted to your brother. Further, all measures be taken to bring truth to light. You are advised to take immediate steps.
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Adv. Ashutosh Anand
Ranchi | 200+ Answers
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Your brother should challenge the judgement of conviction and the order of sentence before the Hon'ble High Court of Jharkhand, taking all the grounds which are factually and legally available. This is the only remedy for him.
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Adv. Pradeep Kumar Deomani
Ranchi | 25+ Answers
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DEAR SIR
YOUR BROTHER IS CONVICTED AND THE ONLY OPTION YOU HAVE TO FILE REVISION APPLICATION BEFORE THE HON'BLE JHARKHAND HIGH COURT AND CHALLENGE THAT JUDGEMENT.
AND THERE IS LIMITATION TO FILE SUCH APPLICATION
YOUR BROTHER IS CONVICTED AND THE ONLY OPTION YOU HAVE TO FILE REVISION APPLICATION BEFORE THE HON'BLE JHARKHAND HIGH COURT AND CHALLENGE THAT JUDGEMENT.
AND THERE IS LIMITATION TO FILE SUCH APPLICATION
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Adv. Shyam Narsaria
Ranchi | 200+ Answers
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