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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, SUSHIL KUKREJA
State of Himachal Pradesh – Appellant
Versus
Raghubir Singh – Respondent
| Table of Content |
|---|
| 1. prosecution alleged forcible rape of minor; trial court acquitted. (Para 1 , 2 , 3 , 4) |
| 2. parties contend on propriety of trial acquittal. (Para 5 , 6 , 7) |
| 3. appellate courts re-appraise acquittals with double innocence presumption. (Para 8) |
| 4. prosecutrix hostile; age and medical evidence summarized. (Para 9 , 10 , 11 , 12) |
| 5. prosecutrix testimony improbable due to contradictions and age dispute. (Para 13 , 21 , 22) |
| 6. reliable prosecutrix testimony suffices for rape conviction sans corroboration. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 7. acquittal upheld; prosecution failed beyond reasonable doubt. (Para 23 , 24) |
The instant appeal has been preferred by the appellant/State under Section 378 Cr.P.C. against judgment dated 16.02.2015, passed by learned Special Judge, Shimla, District Shimla, H.P., in Sessions Trial No. 26-S/7 of 2014, whereby the accused (respondent herein) was acquitted from the charges under Sections 376 of the Indian Penal Code (for short ‘IPC’) and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).
2. The facts giving rise to the present appeal, as per the prosecu
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