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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Mohan Lal – Respondent
| Table of Content |
|---|
| 1. factual background of child sexual assault allegation (Para 1 , 2) |
| 2. trial proceedings and prosecution witnesses (Para 3 , 4 , 5) |
| 3. lower courts acquitted due to tutoring (Para 6) |
| 4. parties contend on evidence appreciation (Para 8 , 10 , 11) |
| 5. limited revisional jurisdiction bars re-appreciation (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 6. tutored child witness testimony unreliable (Para 18 , 19 , 20 , 21 , 22) |
| 7. enmity and medical evidence weaken prosecution (Para 23 , 24 , 25 , 26) |
| 8. revision dismissed upholding acquittal (Para 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
RAKESH KAINTHLA, J.
The present revision is directed against the judgment dated 12.03.2015, passed by learned Additional Sessions Judge-I, Kangra at Dharamshala, H.P. (Circuit Court at Nurpur) (learned Appellate Court), vide which the judgment dated 25.03.2010 passed by learned Judicial Magistrate, First Class, Court No. 1, Nurpur, District Kangra, H.P. (learned Trial Court) was upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise to the present petition are that the police presented a chal
Revisional court cannot re-appreciate evidence to overturn concurrent acquittal absent perversity; tutored child witness admitting coaching on core penetration fact unreliable without specific corrob....
High Court in revision acquitted accused of outraging modesty and hurt, holding lower courts perversely ignored prosecution infirmities like no early molestation complaint, independent witnesses supp....
The testimony of a child witness can be relied upon if corroborated by other evidence, and the presence of support persons does not imply tutoring.
Revisional jurisdiction under CrPC 397 limited to patent defects/perversity; cannot re-appreciate evidence or disturb concurrent convictions based on credible testimony despite minor discrepancies or....
Revisional jurisdiction allows setting aside perverse concurrent convictions where prosecution story is physically implausible, lacks corroboration, relies on inadmissible evidence, despite general b....
Revisional jurisdiction under CrPC Section 397 is limited; no re-appreciation of evidence absent perversity in concurrent conviction for assaulting public servant, causing simple hurt and damaging pu....
Revisional court cannot reappraise evidence or interfere with concurrent conviction for assault on public servant absent perversity; official testimonies, medical evidence and cross-suggestions suffi....
Revisional court acquitted accused in face of concurrent convictions, holding lower courts perversely overlooked prosecution doubts from witness contradictions, enmity, suspect recovery and accused's....
The presumption of innocence remains until proven guilty, and an acquittal should not be disturbed without compelling reasons.
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