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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI
Alok Kumar Dubey – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. overview of the case and conviction details. (Para 1 , 2 , 4 , 5) |
| 2. details of sentences and trial progression. (Para 3 , 6) |
| 3. appeellant's arguments on consent and age. (Para 7 , 8) |
| 4. testimony of the prosecutrix regarding incidents. (Para 9 , 10) |
| 5. parental testimonies and their responses. (Para 11 , 12) |
| 6. medical examination evidence. (Para 13 , 14) |
| 7. friend's testimony and corroboration. (Para 15 , 16) |
| 8. defense statements and evidence presented. (Para 18 , 19) |
| 9. legal consideration of age and consent. (Para 20 , 21) |
| 10. ratios on statutory provisions regarding age. (Para 22 , 23) |
| 11. analysis of pocso act applicability. (Para 24 , 26 , 30) |
| 12. observations on credibility and evidential inconsistencies. (Para 32 , 33) |
| 13. concerns raised over missing evidence. (Para 35 , 36) |
| 14. conclusion and acquittal rationale. (Para 39 , 40 , 41) |
| 15. closure and procedural matters addressed. (Para 42 , 43 , 44) |
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. The present appeal arises out of the conviction rendered by the Court of Sessions in proceedings arising out of FIR No. 132/2013 registered under Sections 376 /120B/506 IPC at P.S. Bindapur.
2. The appellant was convicted for the offences
The court acquitted the appellant due to significant doubts regarding the prosecutrix's testimony, particularly concerning consent and her age during the alleged offences as per IPC and POCSO standar....
The court ruled that the benefit of doubt must be given to the accused when age determination and evidence is inconclusive; conviction not sustained due to lack of substantiation of charges.
Criminal Trial - Rape - Testimony of prosecutrix - Conviction upheld - Testimony of prosecutrix about stalking and offence of rape committed by appellant upon her not only inspires confidence, but is....
The absence of physical injuries does not negate rape if the victim's testimony is credible and inspires confidence, leading to conviction.
A perusal of Rule 12(3) of J.J.Rules itself reveals that the first priority has to be given to the Matriculation or equivalent certificate and in the absence thereof, to the date of birth certificate....
The main legal point established in the judgment is the importance of corroborative evidence in rape cases and the principle that serious infirmities and inconsistencies in the evidence of the prosec....
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
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