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SURESH KUMAR KAIT, SHALINDER KAUR
State – Appellant
Versus
Gaurav – Respondent
JUDGMENT (Oral)
1. The present criminal leave petition under Section 378(4) of the Code of Criminal Procedure, 1973 (in short `Cr.P.C') has been filed by the appellant-State seeking leave to appeal against the impugned judgment dated 18.12.2019 vide which the respondents have been acquitted for the offences punishable under Sections 363/366/342/506/34 of Indian Penal Code (in short `IPC'), 1860 and Section 5(g) & 6 of the Protection of Children from Sexual Offences Act, 2012 (in short `POCSO') in FIR No. 115/2013, registered at police station Aman Vihar, Delhi.
2. The factual position, on which the prosecution version is found, is that on 19.03.2013 around 3:00-4:00 P.M, the prosecutrix had gone to a medical store to bring medicine for her elder sister, who was having a severe headache, situated in the backside gali of her house. On her way to the store, Rehan caught hold of her and forcibly took her to a nearby room. Rehan used to work at the TV/refrigerator shop in the same gali. Despite her raising an alarm, no one came to her rescue since there was nobody in the gali at that time. In the room, Gaurav/respondent no.1 was also present there. Rehan pushed her upon Gaurav and both of
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 main legal point established in the judgment is that the testimony of the prosecutrix and other prosecution witnesses must be trustworthy and free from material contradictions and inconsistencies....
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....
The appellate court upheld the acquittal, emphasizing that the presumption of innocence remains unless clear evidence of guilt is established, and it should not interfere with the trial court's findi....
The importance of corroborating the evidence of the prosecutrix with scientific evidence in cases of rape, and the presumption of innocence in favour of the accused in acquittal appeals.
The importance of a reasonable assessment of evidence and the need for concrete details and consistency in the testimony of the prosecutrix to establish guilt beyond a reasonable doubt.
The sole testimony of a victim in rape cases must inspire confidence and be consistent; significant inconsistencies can lead to acquittal.
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