Back
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State – Appellant
Versus
Basir Ahmad – Respondent
JUDGMENT (Oral)
1. This Criminal Leave to Appeal under Section 378(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as `CrPC') has been filed by the State against the impugned Judgment dated 18.07.2020 acquitting the respondent for the offences under Sections 363/376/506 of the Indian Penal Code, 1860 (hereinafter referred to as `IPC') and Section 4 of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as `POCSO Act').
2. The case of the prosecution was that on 13.02.2014, a complaint was made by Bhabhi of `Ms.X', the prosecutrix that she was missing from the house since 13.02.2014 and had failed to return. During investigation, brother of the prosecutrix informed that the prosecutrix was present at the House No. 32A, Gali No. 3, Nehru Nagar, Anand Parbat. On this information, the Investigating Officer along with brother went to the said house and recovered the prosecutrix. Her statement was recorded and the offence under Section 376 IPC was added in the FIR already registered under Section 363 IPC. After investigation, the charge sheet was filed under Sections 363, 376 and 506 IPC and Section 4 of the POCSO Act.
3. Charges agai
The central legal point established in the judgment is the reliance on Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 for age determination and the consideration of inc....
The determination of the prosecutrix's age and the credibility of the prosecution's evidence are crucial in establishing the guilt of the accused.
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
Attempt to outrage modesty of minor girl – Testimonies of prosecutrix as well as other witnesses cannot be wiped out on the basis of trivial contradictions.
The prosecution must provide conclusive evidence of a victim's age in POCSO cases; reliance on school records alone is insufficient without corroborative proof.
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
The determination of the age of the prosecutrix, credibility of testimonies, and the presumption of a culpable mental state on the part of the accused in cases under the POCSO Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
