Back
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State NCT of Delhi – Appellant
Versus
Dabloo Kumar @ Pandit – Respondent
JUDGMENT (Oral)
1. The present Petition under Section 378(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C., 1973") has been filed on behalf of the petitioner/State seeking Leave to Appeal against the Judgment dated 05.02.2020 passed by the learned Additional Sessions Judge, North-06, Special Court, POCSO, Rohini District Courts, Delhi, whereby the respondent/accused was acquitted of the offences registered under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act, 2012") vide FIR No. 446/2014 at Police Station Swaroop Nagar, Delhi.
2. The case of the prosecution is that the FIR No. 446/2014 under Section 376 of IPC, 1860 and Sections 3 and 4 of POCSO Act, 2012 was registered at Police Station Swaroop Nagar on the Complaint dated 13.09.2014 made by the victim/prosecutrix "P". The Complaint stated that in the intervening night of 12-13.09.2014 while she was sleeping on the terrace of her house, she was raped by the respondent/accused in the night at about 01:00 A.M.
3. The investigations were carried out a
The principle of proving offences beyond reasonable doubt and the significance of inconsistencies in witness testimony in criminal cases.
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 that the physical relationship between the respondent and the victim, who was almost fifteen years of age and married to the respondent, cannot ....
The duty of the appellate court to reappreciate the evidence in cases of acquittal and the need for reliable and trustworthy testimony, corroborated with medical evidence and testimony of other witne....
The need for strong, compelling, and reliable evidence to prove the guilt of the accused in a criminal case, and the distinction between the trial of Sessions case and the trial held before the Judic....
The prosecution must prove charges beyond reasonable doubt, and contradictions in testimonies can impact the case's outcome.
The judgment emphasizes the importance of providing a proper explanation for the delay in filing a complaint and highlights the rarity of false charges of rape.
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
