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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
State – Appellant
Versus
Shiv Shankar – Respondent
| Table of Content |
|---|
| 1. appellant's acquittal contested. (Para 1 , 2) |
| 2. victim's testimony and charges framed. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. arguments for prosecution's perspective. (Para 12 , 13 , 14 , 16) |
| 4. assessment of evidence and legal standards. (Para 18 , 19 , 20 , 21 , 22) |
| 5. final judgment and orders issued. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
PARTHA SARATHI SEN, J.
1. In this appeal as filed on behalf of the State the judgement and order of acquittal dated November 16, 2021 as passed in Special Trial No. 21 of 2015 arising out of Special Case No. 20 of 2015 by the Learned Special Judge (POCSO) Andaman & Nicobar Islands, Port Blair has been impugned. By the said judgement learned Trial Court found the accused not guilty under Sections 363/342 IPC and under Section 9/10 of the POCSO Act, 2012 and thus acquitted him under Section 235 (1) Cr. P.C.
2. The State felt aggrieved and thus preferred the instant appeal after obtaining a leave from this Court under Section 378 (3) of Cr.P.C.
3. For effective adjudication of the instant appeal the facts leading to the initiation of the aforementioned Sessions Trial is required to be dealt with in a nutshell. O
An accused's acquittal in a criminal trial must be upheld if the evidence presented is untrustworthy or if two plausible views on the evidence exist, favoring the accused.
Point of Law : Section 3 of the Indian Evidence Act, 1872 deals with proof.
Point of Law : Trial Court had appreciated the evidence in proper perspective and also assigned justifiable and sound reasons in rendering the acquittal judgment. There is no perversity, absurdity o....
The presumption of innocence remains until proven guilty, and an acquittal should not be disturbed without compelling reasons.
An offence under Section 363 of IPC attracts punishment – “whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term whic....
The prosecution must establish the victim's age as a child under the POCSO Act to invoke statutory presumptions, and the appellate court respects the presumption of innocence in acquittal cases.
The court affirmed that acquittal was proper, emphasizing the need for corroborative evidence in sexual assault cases and the prosecution’s failure to prove kidnapping or consent under the specified ....
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