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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State – Appellant
Versus
Sunil – Respondent
JUDGMENT
Suresh Kumar Kait, J. The present petition seeking leave to appeal under Section 378 Cr.P.C. has been filed against the impugned judgment dated 07.08.2019 passed by learned trial Court in FIR No.994/2014, registered at police station Aman Vihar, Delhi for the offences Sections 363/376/366/368/506/34 IPC and Sections 4/21 of the Prevention of Children from Sexual Offences Act, 2012 (henceforth referred to as the "POCSO Act"), whereby respondents-accused have been acquitted by the learned trial court giving benefit of doubt.
2. During the pendency of the present appeal, this Court was informed that respondent No.2-Saroj has passed away. On the directions of this Court, petitioner-State verified the factum of death of respondent No.2 and vide status report dated 01.08.2023, Death Certificate of respondent No.2 has been placed on record, wherein it is recorded that she passed away on 05.05.2021. In this view of the fact, vide order dated 02.03.2023, the present appeal against respondent No.2 stood abated and the present petition was heard qua respondents No.1 & 3 only.
3. The facts giving rise to the present petition are that on 13.09.2014, brother of the victim girl register
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 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 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 that the physical relationship between the respondent and the victim, who was almost fifteen years of age and married to the respondent, cannot ....
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
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.
The prosecution must establish its case beyond reasonable doubt, and the court will consider all evidence and circumstances to determine guilt or innocence.
The prosecution bears the burden of proving the victim's age in cases involving the POCSO Act, and failure to do so undermines the validity of charges related to sexual offences against minors.
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