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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Tarlok Singh Chauhan, Mr. Justice Sushil Kukreja, JJ
State of Himachal Pradesh – Appellant
Versus
Ashok Kumar – Respondent
JUDGMENT :
Sushil Kukreja, J.
The instant appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure against the impugned judgment dated 31.03.2014, passed by learned Additional Sessions Judge, Chamba, District Chamba, H.P., whereby the accused (respondent herein) was acquitted for the offences punishable under Sections 366, 376, 120B and 506 read with Section 34 of the Indian Penal Code (for short “IPC”).
2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:
2(a). The prosecutrix (name withheld) had only passed 3rd standard and when she was three months old her mother had expired. The mother of the prosecutrix had expired and her father was admitted in a hospital, as both of his legs got fractured. The prosecutrix was brought up by her maternal grand-mother and her maternal grand-father had also expired. The grand-mother of the prosecutrix could not bear the expenses of her studies, therefore, she could not continue her studies, however, she used to reside with her maternal grand-mother.
2(b). It has come in the prosecution story that during the year 2009 one Bimla (wife of accused Vias Dev) v
The presumption of innocence in acquittals requires the prosecution to prove guilt beyond reasonable doubt, which was not established in this case.
The acquittal of the accused was upheld as the prosecution failed to prove guilt beyond a reasonable doubt, guided by the presumption of innocence.
The central legal point established in the judgment is the reliance on Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 for age determination and the consideration of inc....
The prosecution must provide conclusive evidence of a victim's age in POCSO cases; reliance on school records alone is insufficient without corroborative proof.
Evidence of consent and age discrepancy plays a crucial role in sexual assault convictions. The prosecution must provide conclusive evidence supporting the minor's age and lack of consent for kidnapp....
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
The credibility of a prosecutrix's statement is crucial for conviction; inconsistencies and lack of corroboration can lead to acquittal.
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
The central legal point established in the judgment is the importance of proving the prosecutrix's age and consent in cases involving offences under IPC Sections 363, 366, 376 and the Scheduled Caste....
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