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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, R. T. VACHHANI
State Of Gujarat – Appellant
Versus
Nileshkumar @ Bakabhai Sanjajiasoda – Respondent
| Table of Content |
|---|
| 1. state's appeal against acquittal. (Para 1 , 2 , 3) |
| 2. factual background of the case. (Para 4 , 5 , 6 , 8) |
| 3. assessment of victim's testimony. (Para 10 , 11 , 20) |
| 4. prosecution's arguments on trial court's error. (Para 14 , 15 , 16) |
| 5. affirmation of trial court's acquittal. (Para 22 , 23) |
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. Here is the Appeal by the State against the judgment and order of acquittal.
2. Being dissatisfied by the judgment and order passed by the learned Additional Sessions Judge, Himmatnagar, Sabarkantha, dated 31.08.2001, acquitting the respondent from the offence under Sections 323, 363, 366, 376 of the IPC, State has preferred instant appeal under Section 378 of the Cr.P.C.
3. This Court has heard Mr. J. K. Shah, learned Additional Public Prosecutor, learned Counsel Ms. Dilbur Contractor for the respective parties.
4. Brief facts giving rise to file the present Appeal are that, the respondent accused was charged with the kidnapping and rape of girl aged about 16 years and 9 months. Both the parties were resident of village: Dharasan, Sabarkantha. According to case of the prosecution, on 10.09.1997, the prosecutrix and her cousin
In rape cases, a victim's credible testimony can obviate the need for corroboration; if deemed incredible, corroboration becomes essential for a conviction.
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 charges beyond reasonable doubt, including establishing the victim's age and non-consent; failure to do so justifies acquittal.
The admissibility of evidence, especially hearsay evidence, and the requirement for corroboration in the absence of the victim's evidence are crucial in establishing guilt beyond reasonable doubt.
The prosecution must prove its case beyond reasonable doubt, and inconsistencies in evidence can lead to acquittal.
The appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity of compelling reasons to overturn such a decision.
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.
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