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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, S.B PD.SINGH
X, C/o Hira Prasad – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. delay in filing appeal condoned due to pandemic. (Para 3 , 4 , 5) |
| 2. outlines the facts leading to the victim's appeal. (Para 7) |
| 3. facts leading to the trial and charges. (Para 9 , 10 , 11 , 12) |
| 4. findings of trial court on evidence. (Para 14 , 15 , 16 , 17 , 18) |
| 5. arguments presented by appellant and state. (Para 19 , 20) |
| 6. court’s observations on evidence and credibility. (Para 22 , 24 , 25 , 26) |
| 7. court's analysis of the trial's conclusion and law's application. (Para 23) |
| 8. principles governing appeals against acquittal. (Para 27) |
| 9. final decision to dismiss the appeal. (Para 28 , 29) |
JUDGMENT :
(RAJEEV RANJAN PRASAD, J.)
I.A. No. 1 of 2021
This is an appeal preferred by the victim. In view of proviso to Section 372 Cr.PC, there would be no need to file an application seeking leave to file an appeal against acquittal by the victim.
2. This interlocutory application is, thus, misconceived and is rejected.
I.A. No. 2 of 2024
3. This interlocutory application has been filed seeking condonation of delay of 195 days in filing of the appeal. The impugned judgment in this case has been passed on 18.03.2020. The appeal against the impugned judgment would have been preferred
The court upheld the trial court's acquittal due to prosecution's failure to prove the accused's guilt beyond reasonable doubt, given inconsistencies and delay in evidence.
In appeals against acquittal, interference only if perverse or no reasonable view supports acquittal; unexplained FIR delay, material improvements in victim's testimony, and lack of corroboration jus....
Appellate interference with acquittal only if perverse, misreading evidence, or no reasonable acquittal view possible; unexplained FIR delay, witness contradictions, inconclusive medicals justify uph....
The need for corroboration in cases based solely on the victim's testimony, especially in cases of inordinate delay in lodging the FIR, and the importance of fair consideration for both the victim an....
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
The main legal point established in the judgment is the requirement for reliable and corroborated testimony, along with the importance of medical evidence and the need to explain delays in lodging FI....
Appellate court interferes with acquittal only if trial finding perverse, misreads evidence, or solely guilt-consistent view possible; reasonable doubt from discrepancies justifies upholding acquitta....
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