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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State NCT of Delhi – Appellant
Versus
Pawan Ram – Respondent
JUDGMENT
Suresh Kumar Kait, J.
1. Present petition has been filed on behalf of the State seeking setting aside of the impugned judgment dated 30.10.2019 passed by learned court of Sessions whereby the respondents were acquitted in Sessions Case No.8722/2016 pertaining to FIR No.47/2014, registered at police station Inderpuri, Delhi for the offences punishable under Sections 363/366/376 of the IPC.
2. The facts giving rise to the present petition are that on 26.02.2014, a PCR call vide DD No.52A was made at about 11:44 PM by the complainant, that his daughter had gone to the market and she was missing since 8 PM on the said day. The complainant father stated that despite best efforts and inquiring from relatives and persons known to him, he could not trace his daughter. On his complaint, FIR in question was registered for the offence under Section 363 IPC.
3. The investigation originated and during the course of investigation, the complainant father revealed that his daughter was in talking terms with a boy, who earlier resided in the neighbourhood and drove indigo car bearing registration no.UP-14-BQ-4939 and has now shifted to Todapur, Delhi. The complainant's father informed th
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 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 prosecution must establish its case beyond reasonable doubt, and the court will consider all evidence and circumstances to determine guilt or innocence.
The prosecution must establish its case beyond reasonable doubt, and inconsistencies in the victim's testimony can lead to acquittal in sexual offence cases.
The credibility of the prosecutrix's testimony, the importance of corroborative evidence, and the requirement of proving the age of the prosecutrix were central legal points established in the judgme....
The prosecution must prove the victim's age and presence of sexual assault beyond reasonable doubt; lack of corroborative evidence can lead to acquittal.
The main legal point established in the judgment is the requirement to prove the age of the victim beyond reasonable doubt and the impact of delay in filing the FIR on the case.
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