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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Nanki Bai Sen, W/o. Shri Sanat Sen – Appellant
Versus
State of Chhattisgarh, Through The Station House Officer Police Station, Bemetara – Respondent
| Table of Content |
|---|
| 1. consolidation of interrelated appeals. (Para 1 , 2 , 3) |
| 2. detailed factual account of the alleged crime. (Para 4 , 5 , 6 , 7 , 10) |
| 3. evidence led by prosecution and defense. (Para 11 , 12 , 13) |
| 4. arguments concerning misapprehension of evidence. (Para 14 , 15 , 16 , 17) |
| 5. consideration of the prosecution's method and credibility. (Para 18 , 19 , 20) |
| 6. defense's challenge on evidence procedure. (Para 21 , 22 , 23) |
| 7. court's reasoning for acquittal. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 8. appellate court's caution in overturning acquittals. (Para 35 , 39 , 40 , 41) |
| 9. final outcomes of the appeals. (Para 59 , 60 , 62) |
JUDGMENT :
Amitendra Kishore Prasad, J.
1. Since both the Acquittal Appeal filed on behalf of the complainant and the Criminal Appeal preferred by the accused/appellant arise out of the same judgment passed by the learned trial Court, and as the issues involved in both the appeals are interconnected and based on the same set of facts and evidence, it was considered appropriate and in the interest of justice to hear them together. Accordingly, both the appeals have been clubbed, heard analogously, and are being disposed of by this common judgment.
2. Acquittal
The requirement of producing a valid certificate for the admissibility of secondary electronic evidence is mandatory, and failure renders the evidence inadmissible, affecting the validity of convicti....
Point of Law – POCSO – Sentence - certificate under S. 65B(4) is unnecessary if the “original document” itself is produced, since it is being used as primary evidence of the information contained in ....
The certificate under Section 65-B of the Evidence Act must accompany the electronic record when it is produced in evidence, and the prosecution is obligated to supply all documents upon which relian....
The court ruled that electronic evidence must comply with Section 65B of the Evidence Act for admissibility; failure to do so resulted in the prosecution's case being deemed insufficient.
Suspicion, however, strong cannot take place of proof – Large distance between “may be true” and “must be true”, must be covered by way of clear, cogent and unimpeachable evidence.
Appeal against acquittal – A redundant criminal prosecution should not be protracted.
The acquittal of the accused was upheld due to insufficient evidence and inconsistencies in the victim's testimony, demonstrating the high burden of proof required in rape cases.
The absence of a Section 65-B certificate for electronic evidence is a curable defect and does not invalidate trial proceedings.
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