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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Pawan Kumar @ Pammi – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. revision challenges conviction for molestation and assault. (Para 1 , 2) |
| 2. trial examined witnesses and accused denial. (Para 3 , 4 , 5) |
| 3. lower courts relied on victim and medical evidence. (Para 6 , 7) |
| 4. defence highlights contradictions and unsupported witnesses. (Para 8 , 10) |
| 5. state upholds victim credibility and concurrent findings. (Para 11) |
| 6. revisional court limited to perversity or errors. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 7. quarrel over credit dues version probable. (Para 19 , 20 , 21 , 22) |
| 8. initial reports silent on molestation. (Para 23 , 24 , 25 , 26) |
| 9. victim testimonies inconsistent and improved. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 10. prosecutrix testimony needs corroboration if doubtful. (Para 34 , 35 , 36) |
| 11. independent witnesses corroborate defence scuffle. (Para 37 , 38 , 39) |
| 12. medical evidence fails to prove molestation. (Para 40 , 41 , 42) |
| 13. acquittal for prosecution case infirmities. (Para 43 , 44 , 45) |
JUDGMENT :
Rakesh Kainthla, Judge
The present revision is directed against the judgment dated 3.1.2014, passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur (learned Appellate Court), vide which the judgment o
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....
Revisional jurisdiction allows setting aside perverse concurrent convictions where prosecution story is physically implausible, lacks corroboration, relies on inadmissible evidence, despite general b....
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....
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 court acquitted accused in face of concurrent convictions, holding lower courts perversely overlooked prosecution doubts from witness contradictions, enmity, suspect recovery and accused's....
Revisional jurisdiction limited to perversity; concurrent convictions set aside for overlooked medical discrepancies, unexplained accused injuries with interested witnesses, and reasonable doubt from....
The absence of physical injuries does not negate a credible victim's testimony in rape cases, which can be sufficient for conviction.
Appellate court interferes with acquittal only if trial finding perverse, misreads evidence, or solely guilt-consistent view possible; reasonable doubt from discrepancies justifies upholding acquitta....
Conviction under IPC can rely solely on the victim's testimony if credible, but all sentences must adhere to minimum statutory requirements.
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