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SANDEEP MEHTA, SAMEER JAIN
State of Rajasthan – Appellant
Versus
Ghewar Singh – Respondent
JUDGMENT
Mehta, J. - By the Judgment dated 06.08.2018 passed in Sessions Case No.10/2017, the learned Special Judge, Prevention of Children from Sexual Offences Cases, Barmer convicted and sentenced the accused appellants as below:
| Name of the accused | Offence for which convicted | Sentence awarded | ||
|
| Section 363 IPC | 7 Years' Rigorous imprisonment along with a fine of Rs.25,000/- and in default of payment of fine, 6 months' R.I. | ||
| Section 366A IPC | 10 Years' Rigorous imprisonment along with a fine of Rs.25,000/- and in default of payment of fine, 6 months' R.I. | |||
| Section 376A IPC | Death penalty along with a fine of Rs.50,000/- and in default of payment of fine, 1 Year's R.I. | |||
| Section 376D IPC | Life imprisonment along with a fine of Rs.50,000/- and in default of payment of fine, 1 Year's R.I. | |||
| Section 458 IPC | 10 Years' Rigorous imprisonment along with a fine of Rs.25,000/- and in default of payment of fine, 6 months' R.I. | |||
| Section 450 IPC | 10 Years' Rigorous imprisonment along with a | |||
The judgment underscores the principle that the prosecution must prove its case beyond a reasonable doubt, particularly in serious offenses like kidnapping and murder.
The judgment emphasizes the requirement of reliable and substantive evidence to establish guilt, highlighting the insufficiency of recoveries alone to prove the accused's guilt.
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt; inconsistencies in witness testimony and doubts over evidence credibility can lead to acquittal.
The judgment emphasizes the importance of considering the testimonies of witnesses, especially in child rape cases, and the need for proper legal protection for minor victims.
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
In criminal cases of sexual assault, the reliability of witness testimonies and timely reporting are crucial; unexplained delays and contradictions can lead to acquittal.
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
The weight of victims' evidence in cases of sexual assault and the minor lapses in investigation such as delay in filing the FIR and lack of independent witnesses.
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