Law: Criminal Procedure Code (V of 1898)

Section: 164,382-B,410

Criminal Administration of Justice-- ----Evidence--Conviction--Sole evidence--Prosecution mainly possessed following pieces of evidence because rest of evidences are nothing short of hear-say or mashirnama(s) etc only:-- i) evidence of victim; ii) medical evidence; Legally established position that a conviction could well be recorded on sole evidence of victim in such like; case (s) because normally guilty mind would never prefer a place visible to naked eye or where people could come on a little commotion particularly when victim, after such offence, is intended to move freely--However before recording conviction on sole evidence of victim, Court must satisfy, itself that such evidence, beyond any doubt, passes test of being natural and confidence inspiring one--Any deviation to this, shall result in bringing base of Criminal Administration of Justice in serious jeopardy which never relieves a Judge from following well settled principles of law i.e:-- i) mere seriousness of an offence would never be a ground to detract Court of law from due course to judge and make appraisal of evidence, as required by law; ii) no conviction could be recorded except on direct, natural and confidence inspiring evidence; iii) acceptability of evidence is never dependant upon person or personality; iv) benefit of doubt shall always be extended to accused; Criminal Procedure Code, 1898 (V of 1898)-- ----S. 410--Conviction and sentence--Criminal Appeal--Acquittal of--For committing a forcible rape/zina, appellant chooses a room of his house while in very next room his wife and children were allegedly sleeping--Such story is always hard to believe that "appellant / convict, would dare to commit the offence of forcible rape / zina in presence of his own wife and children in very next room when there was always a possibility of his wife and children come to such place and victim was sure to offer resistance unless she is brought under fear of the alleged weapon (s); Thus, such story was never safe to be taken as natural & confidence inspiring and was never strong enough to hold conviction--Legal position that presumption of truth is normally attached to words of victims and their…

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