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PURUSHAINDRA KUMAR KAURAV
State (NCT of Delhi) – Appellant
Versus
Kallu Rajput @ Hira Lal, S/o Sh. Acheya Lai @ Mohan Lai – Respondent
JUDGMENT :
1. This appeal under Section 378 of the Criminal Procedure Code, 1973 (in short “Cr.P.C.”) is directed against the judgment of acquittal dated 31.07.2015, passed by the learned Additional Sessions Judge, Patiala House Courts, New Delhi, in connection with FIR No. 296/2013 at Police Station Vasant Kunj (South), Delhi for the offence punishable under Section 376 of the Indian Penal Code 1860 (in short “IPC”).
2. Learned APP for the State submitted that the impugned judgment of acquittal is illegal and improper and the same has been passed in ignorance of material evidence against the respondent/accused. According to him, the judgment of acquittal is contrary to the law laid down by the Hon;ble Supreme Court and this Court. He, therefore, submitted that the learned trial court has erred in acquitting the respondent/accused.
3. Learned counsel appearing on behalf of the respondent/accused, on the other hand, opposed the prayer and submitted that the learned trial court has rightly concluded that the prosecution has failed to prove the case beyond reasonable doubt. According to him, the reasoning given by the learned trial court for the acquittal of the respondent/accused is bas
The prosecution must prove its case beyond reasonable doubt, especially in cases of heinous crimes like rape, and the testimony of the prosecutrix must be reliable and corroborated with medical and o....
The importance of corroborating the evidence of the prosecutrix with scientific evidence in cases of rape, and the presumption of innocence in favour of the accused in acquittal appeals.
The appellate court upheld the acquittal, emphasizing that the presumption of innocence remains unless clear evidence of guilt is established, and it should not interfere with the trial court's findi....
The main legal point established in the judgment is that the testimony of the prosecutrix and other prosecution witnesses must be trustworthy and free from material contradictions and inconsistencies....
The judgment emphasized the principle that an appellate court must bear in mind the double presumption in favor of the accused in case of acquittal and should not disturb the finding of acquittal rec....
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