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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State Govt. of NCT of Delhi – Appellant
Versus
Mohd. Kayum – Respondent
JUDGMENT (Oral)
1. An application under Section 378(4) of the Code of Criminal Procedure, 1973 has been filed on behalf of the State/appellant seeking Leave to Appeal against the judgment of acquittal dated 15.11.2016 vide which the respondent has been acquitted of the offence punishable under Section 376 IPC.
2. The case FIR No.226/2015 under Section 376 IPC was registered on 18.02.2012 on the complaint of Ms. Zarina who stated that in the month of October and November 2014 while she was alone, the respondent who is her real brother-in-law (jija) came to her house four to five times and committed rape upon her. A day before 18.02.2012 she felt pain in her abdomen and her mother took her to DDU Hospital, where the Doctor confirmed her pregnancy.
3. On the registration of FIR, investigations were taken up during which the statements of the witnesses were recorded. The medical examination of the victim was got done and the Doctor opined that she was pregnant. On completion of investigation, charge sheet was filed in the Court.
4. Vide Order dated 17.04.2015 charges were framed against the respondent under Section 6 read with Section 5(1) of POCSO Act to which he pleaded not guilt
The central legal point established in the judgment is that the physical relationship between the respondent and the victim, who was almost fifteen years of age and married to the respondent, cannot ....
The importance of proving guilt beyond reasonable doubt, considering the overall facts and circumstances of the case, and the potential for false accusation in criminal proceedings.
The principle of proving offences beyond reasonable doubt and the significance of inconsistencies in witness testimony in criminal cases.
The central legal point established in the judgment is the significance of evidence regarding the prosecutrix's age, the reliance on medical evidence and victim's statement, and the evaluation of dis....
The presumption of innocence in favor of the accused and the limited scope of interference in appeal against acquittal.
The prosecution must provide credible evidence to establish the age of the victim in cases under the POCSO Act, and mere reliance on school records without corroborating evidence is inadequate to pro....
The appellate court should not interfere with an acquittal unless the trial court's findings are perverse, contrary to the evidence, or manifestly erroneous. The court should give proper weight to th....
The court upheld the conviction under POCSO, confirming that credible victim testimony and medical evidence sufficiently established the appellant's guilt in the sexual assault of a minor.
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