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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State (NCT of Delhi) – Appellant
Versus
Mahadev @ Sharad – Respondent
JUDGMENT
Suresh Kumar Kait, J. The present leave petition has been preferred by the petitioner-State under the provisions of Section 378(1) Cr.P.C. seeking leave to appeal against the judgment dated 28.05.2019 passed by the learned trial court in FIR No.347/2008, registered at Police Station Bawana, Outer District, Delhi, whereby the respondents/accused have been acquitted of the offences punishable under Sections 363/366/376/377/506/342/34 IPC.
2. The brief facts of the present case, as narrated in the present petition, are that on 13-14.06.2006, the prosecutrix, who was studying in class VII, was going to her school. The respondent No.1/accused-Mahadev proposed her for friendship, however, when as she refused, he felt offended and one day, he forcibly put her in a car and committed rape upon her. The prosecutrix was dropped at some distance near the market and since respondent No.1/accused had threatened her of life, she felt frightened and did not disclose it to anyone, including her family members. The prosecutrix was once again dragged into the car by respondent No.1/accused while she was going to market. He took her to a deserted place and committed rape upon her. Respondent
The prosecution must establish its case beyond reasonable doubt, and the court will consider all evidence and circumstances to determine guilt or innocence.
The probative value of entries in public records needs to be examined in light of contrary evidence, and their authenticity is crucial in determining their probative value.
The court affirmed that a minor cannot consent to sexual acts and emphasized the importance of medical evidence and credible witness testimonies in rape cases.
The presumption of innocence in acquittals requires the prosecution to prove guilt beyond reasonable doubt, which was not established in this case.
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....
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