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ASHOK KUMAR JAIN
State Of Rajasthan – Appellant
Versus
Khushi Ram – Respondent
| Table of Content |
|---|
| 1. process for filing leave to appeal. (Para 1 , 2) |
| 2. public prosecutor's arguments on evidence. (Para 4) |
| 3. victim's testimony and its implications. (Para 6 , 10 , 11 , 12) |
| 4. issues related to evidence collection. (Para 7 , 9 , 15 , 16) |
| 5. medical evidence and victim's age. (Para 8 , 13 , 14) |
| 6. duties of investigating officer. (Para 17 , 18) |
| 7. conclusion regarding leave to appeal. (Para 19 , 20) |
ORDER :
Mr. Ashok Kumar Jain, J. - Present leave to appeal is preferred aggrieved from order of acquittal dated 31.08.2022 in Sessions Case No.57/2021 passed by learned Special Judge (POCSO Act, Cases) No.1, Jhalawar whereby respondent-accused was acquitted from charges under Sections 3 63 , 366A, 376(2)(n), 376(3) IPC, Section 5 (l)/6 POCSO Act and Section 3 , SC/ST (POA) Act.
2. Office has pointed out a delay of 64 days in filing leave to appeal, an application under Section 5 of the Limitation Act is filed along with affidavit to substantiate the reason of delay.
3. Considered the same, for the reasons stated in the application, the same is allowed and delay is condoned.
4. Learned Public Prosecutor had submitted that the victim was minor and in the deposition recorded under
The prosecution must prove its case beyond reasonable doubt, and inconsistencies in evidence can lead to acquittal.
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 establish its case beyond reasonable doubt, and inconsistencies in the victim's testimony can lead to acquittal in sexual offence cases.
The presumption of innocence, the requirement of evidence beyond reasonable doubt, and the limited scope of interference with an acquittal under Section 378 of the Code of Criminal Procedure.
The appellate court ruled that the victim’s credible testimony, corroborated by medical evidence, was sufficient to overturn the trial court's acquittal and convict the main respondent under the POCS....
In rape cases, a victim's credible testimony can obviate the need for corroboration; if deemed incredible, corroboration becomes essential for a conviction.
(1) Rape – DNA evidence must be considered alongside corroborative circumstances and cannot form the sole basis of conviction – Torn hymen, in isolation, cannot be treated as conclusive evidence of s....
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