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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA, VIRENDER SINGH
Kanwar Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. appeal against pocso rape conviction summary (Para 1 , 2 , 3 , 4) |
| 2. parties argue evidence misappreciation (Para 5 , 6) |
| 3. victim and family testimonies overview (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. documentary evidence determines victim age priority (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. credible victim testimony suffices without corroboration (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 6. inconsistent improbable victim statement rejected (Para 28 , 29 , 30) |
| 7. unexplained fir delay creates doubt (Para 31 , 32 , 33 , 34) |
| 8. prosecution fails proof; acquittal ordered (Para 35 , 36 , 37 , 38 , 39) |
JUDGMENT :
SUSHIL KUKREJA, J.
1. The instant appeal has been preferred by the appellant/accused/convict under Section 374(2) of the Code of Criminal Procedure against the impugned judgment of conviction and order of sentence, dated 19.04.2022, passed by learned Additional Sessions Judge, Fast Track Special Court (Rape/POCSO), Shimla, H.P., in Case No. RBT 53-S/7 of 2019/21, whereby the accused-Kanwar Singh (appellant herein) was convicted for the commission of the offences punishable under Sections 376(3), 506(II) of the Indian Penal Code (for short ‘IPC’) read with Sections
Rape conviction quashed due to unreliable victim testimony with inconsistencies and improvements, manipulated age records doubting minority, absent medical evidence despite multiple claims, unexplain....
The court affirmed that credible testimony from a minor victim, corroborated by medical evidence, is sufficient for conviction in sexual assault cases, despite delays in reporting.
The conviction can be supported solely based on the credible testimony of the victim, especially when medical evidence is used to ascertain age in the absence of documents.
The court affirmed that credible testimony from a minor victim, corroborated by medical evidence, is sufficient for conviction in sexual assault cases, and delays in reporting such incidents are not ....
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
The court upheld the conviction against the appellant based solely on the victim's credible testimony, emphasizing that societal pressures do not negate the legal obligation to report sexual offenses....
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
Point of law: Rape case - Conviction - Sentence of life imprisonment set aside - No justification for the trial court while convicting accused-appellant for offence under Section 376 IPC to sentence ....
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