Back
M. K. THAKKER
Sonalben Maheshaji Vaghaji Thakor – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. The present appeal is filed by the appellant-original complainant, challenging the judgment and order of acquittal dated 07-09-2023 passed by Learned 3rd Additional Sessions Judge in sessions case No.77 of 2021, whereby learned Sessions Court has acquitted the respondent-accused for the offence punishable under section 376(2), 450(2), 506(2) of Indian Penal Code, 1860(hereinafter referred to as IPC).
2. It is the case of the prosecution that, on 14-01-2021 on the day of ‘Utarayan’, the complainant was present at her house and her husband went to the pan shop and the father-in-law, mother-in-law went to the village Uvarsa for a ritual purpose. Noticing that the complainant was alone at the house around 11:00 a.m., the accused entered into the house in the courtyard, the complainant was taking her lunch and at that time by holding her hand accused took her inside the house and offence of rape was committed. Threats were administered that, if this offence is disclosed to anyone then he would kill her son and husband, therefore the complainant did not disclose the offence to her family members.
2.1. After 2 days again on 16-01-2021 around 1:00 a.m. when the complainant was s
The decision of the appellate court in an appeal against acquittal must be based on a full review, reappreciation, and reconsideration of the evidence, and the court must bear in mind the double pres....
The judgment emphasized the principle that an appellate court must bear in mind the double presumption in favor of the accused in case of acquittal and should not disturb the finding of acquittal rec....
In cases of acquittal, there is a double presumption in favor of the accused, and the appellate court should not disturb the finding of acquittal unless there are substantial and compelling reasons t....
The prosecution must prove its case beyond reasonable doubt, and contradictions in witness statements and lack of supporting medical evidence can weaken the case.
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.
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
