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A. Y. KOGJE, SAMIR J. DAVE
AMITKUMAR PRAVINBHAI PARMAR – Appellant
Versus
HARSHKUMAR SACHINBHAI PARMAR – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. The present appeal is preferred by the original complainant under Section 413 of the Bharatiya Nagrik Suraksha Sanhita Act, 2023 against the judgment and order of acquittal dated 28.06.2024 passed by the Additional District and Sessions Judge and Special POCSO Judge, Anand in Special (POCSO) Case No. 38 of 2023. By the impugned judgment and order, the Sessions Court acquitted the respondent No. 1-accused for offences under Sections 363, 366 and 376(2)(n) of the Indian Penal Code, Section 4 and 6 of the POCSO Act and Section 3(2)(5) of the Atrocities Act.
2. The appeal has come up for admission and along with the appeal, the Appellant has also furnished set of evidence laid before the Special Court. The Court finds that both the victim and the accused are very young aged 18 to 20 years. Hence, the appeal is taken up for final hearing at admission stage, to which the learned Advocate for the appellant has agreed to and learned APP has also requested for final hearing as the State has not preferred any appeal (reportedly). The R&P is also received for the perusal of the Court.
3. The case of the prosecution is that on 11.07.2023, respondent No. 1-accused kidna
The appellate court must uphold acquittals unless there is compelling evidence to disturb the presumption of innocence established by the trial court.
The prosecution must prove the accused's guilt beyond reasonable doubt, and the absence of corroborating evidence can weaken the case.
The prosecution must prove charges beyond reasonable doubt; contradictions and lack of medical evidence led to the acquittal of the accused.
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
The prosecution failed to prove the accusations of kidnapping and sexual offences beyond reasonable doubt, leading to the upholding of the trial court's acquittal.
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
In rape cases, a victim's credible testimony can obviate the need for corroboration; if deemed incredible, corroboration becomes essential for a conviction.
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