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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State of NCT of Delhi – Appellant
Versus
Amarpal – Respondent
JUDGMENT (Oral)
1. An application under Section 378 (III) of the Code of Criminal Procedure, 1973 for grant of Leave to Appeal against the Order dated 21.12.2019 vide which the respondent/accused has been acquitted for the offence punishable under Section 376 IPC read with Section 6 of POCSO Act, 2012 in FIR No.484/2013, Police Station R.K. Puram, Delhi.
2. The case of the prosecution was that on 12.12.2013 on the complaint of the victim that she had been sexually abused, FIR was recorded and investigations were conducted. During the course of the investigations statements of the witnesses were recorded and the medical examination of the prosecutrix was got done.
3. On completion of investigation, charge sheet under Section 376 IPC and Section 6 POCSO Act was filed.
4. Charges under Section 376 and Section 6 POCSO Act were framed against the respondent/accused, to which he pleaded not guilty.
5. The prosecution in support of its case examined 21 witnesses. The most material of which is statement of PW2 father of the victim, PW3 victim and PW5 friend of the victim. Considering the inconsistencies and the contradictions in the testimony of the three material witnesses, the respo
The principle of proving offences beyond reasonable doubt and the significance of inconsistencies in witness testimony in criminal cases.
The sole testimony of a victim in rape cases must inspire confidence and be consistent; significant inconsistencies can lead to acquittal.
The presumption of innocence in favor of the accused and the limited scope of interference in appeal against acquittal.
The duty of the appellate court to reappreciate the evidence in cases of acquittal and the need for reliable and trustworthy testimony, corroborated with medical evidence and testimony of other witne....
The prosecution must prove charges beyond reasonable doubt; inconsistent testimony and lack of corroboration can lead to acquittal.
The standard of proof in criminal cases requires clear and consistent evidence, particularly when victim testimony shows major contradictions, which may create reasonable doubt about the credibility ....
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