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ASHOK KUMAR JAIN
State Of Rajasthan – Appellant
Versus
Khushi Ram – Respondent
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 Section 164 Cr.P.C., she had corroborated the story of prosecution and explained the entire incident to the Magistrate concerned. However, later on, when examined in court she had already been won over by the respondent ultimately turned hostile. He further submitted that the incident happened with victim was well corroborated from evidence of other witnesses and FSL report. He further submitted that when v
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....
The central legal point established in the judgment is the importance of reliable and consistent testimony in criminal cases, and the court's reliance on the same to determine the guilt or innocence ....
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