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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CHEEKATI MANAVENDRANATH ROY, D.M.VYAS
State Of Gujarat – Appellant
Versus
Laxmanbhai Shambhubhai Baraiya – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 3 , 4 , 5 , 6 , 7) |
| 2. state's appeal against acquittal (Para 2 , 8 , 31) |
| 3. minor status of prosecutrix established (Para 9 , 10 , 11 , 27) |
| 4. judicial precedents support unchallenged testimony (Para 12 , 20 , 36) |
| 5. accused's liability under ipc sections affirmed (Para 28 , 42) |
| 6. verdict and sentencing process established (Para 43 , 44) |
JUDGMENT :
CHEEKATI MANAVENDRANATH ROY, J.
1. The respondent is the sole accused in Sessions Case No.66 of 2012 on the file of the learned 5th Additional Sessions Judge (Ad-hoc), Kheda-Nadiad. He was prosecuted for the offences punishable under Sections 363 , 366 and 376 of the INDIAN PENAL CODE . Eventually, after trial, he was not found guilty for any of the said offences and he was acquitted of all the said charges by the impugned judgment.
2. Aggrieved by the impugned judgment of acquittal, the State has preferred the instant appeal challenging the legality and validity of the impugned judgment of acquittal.
3. Facts of the prosecution case germane to dispose of this appeal may briefly be stated as follows:-
4. The victim girl is a minor aged about 15 years, 11 months and 13 days on the date of
The appellate court confirmed that the sole testimony of a minor prosecutrix can suffice for conviction if credible, emphasizing that the absence of corroborative evidence does not negate the occurre....
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....
The Court ruled that evidence of school records is primary for establishing age in sexual offense cases, and a minor's consent is irrelevant. Conviction under Section 366A was modified to Section 363....
The age of the prosecutrix is critical in rape cases; if she is below 16, consent is irrelevant, establishing the accused's guilt under Sections 363 and 376 RPC.
The main legal point established in the judgment is the requirement for credible and trustworthy evidence to prove the guilt of the accused, especially in cases involving sexual offences, and the imp....
The prosecution must prove charges beyond reasonable doubt, and the lack of evidence can result in acquittal.
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