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HIGH COURT OF GUJARAT
A.Y. KOGJE, SAMIR J. DAVE
State of Gujarat – Appellant
Versus
Parasbhai Kanubhai Charola – Respondent
JUDGMENT :
(A.Y. KOGJE, J.)
1. The present appeal is filed by the State of Gujarat against judgment and order of acquittal dated 23.08.2024 passed by the Special Judge, POCSO Court & 10th Additional District Judge, Surat in Special (POCSO) Case No.125 of 2021. By the said judgment, the Special Court acquitted the respondents-accused for offences under Sections 363, 366, 376(2)(N), 354, 354(A)(1)(1), 354(A)(1)(2), 354(2), 354(B), 354(D)(1)(1), 376(2)(J), 506(1) and 34 of the Indian Penal Code and Sections 3(A) (C), 4, 5(L), 5(J)(2), 6, 7, 8, 9(L), 10, 16 and 17 of the POCSO Act.
2. By order dated 03.02.2025, while the Records and Proceedings was called for, the Court recorded that there appears to be overwhelming evidence in support of the defence to the extent that the parents of the prosecutrix have not supported the case of the prosecution and even the victim herself, though not declared hostile, has not supported the case of prosecution.
3. Learned APP for the appellant-State submitted that the judgment and order of the Special Court is based on inferences and also on presumptions. It is submitted that the Special Court has failed to appreciate cumulative effect of the evidence led
The court emphasized the necessity of corroborative evidence in sexual assault cases involving minors, ruling that the victim's unreliable testimony alone is insufficient for conviction.
The appellate court must uphold acquittals unless there is compelling evidence to disturb the presumption of innocence established by the trial court.
The court affirmed that acquittal is upheld when prosecution fails to establish charges beyond reasonable doubt, especially concerning the victim's age and identity of the biological father.
Point of Law : Trial Court had appreciated the evidence in proper perspective and also assigned justifiable and sound reasons in rendering the acquittal judgment. There is no perversity, absurdity o....
An accused's acquittal in a criminal trial must be upheld if the evidence presented is untrustworthy or if two plausible views on the evidence exist, favoring the accused.
The prosecution must prove charges beyond reasonable doubt; contradictions and lack of medical evidence led to the acquittal of the accused.
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