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RAJNESH OSWAL, PUNEET GUPTA
Union Territory of J&K – Appellant
Versus
Sandoor Singh – Respondent
JUDGMENT
1. This acquittal appeal has been preferred against the judgment dated 17.10.2019 passed by the learned Additional Sessions Judge, Udhampur (hereinafter to be referred as the trial court) in file No. 87/Sessions, titled, State vs Sandoor Singh, whereby the respondent has been acquitted of the charge for commission of offences under sections 450, 376 and 342 RPC.
2. The present appeal has been filed by the appellant-State (Now Union Territory) on the ground that the learned trial court has not appreciated the evidence in its right perspective and as per the statement of prosecutrix, she was raped by the respondent but still the learned trial court acquitted the respondent.
3. Mr. R. S. Jamwal, learned AAG representing appellant has vehemently argued that there is abundant evidence on record that warranted the conviction of the respondent but the learned trial court has not appreciated the evidence in its right perspective and acquitted the respondent.
4. We have perused the record.
5. The brief facts are that the prosecutrix accompanied with her husband lodged a written report on 10.11.2018 at 2.30 PM stating therein that on 05.11.2008 at about 2 PM, she was working in her house
The prosecution must prove its case beyond reasonable doubt, and contradictions in witness statements and lack of supporting medical evidence can weaken the case.
The evidence in rape cases must inspire confidence and be free from doubt or ambiguities. When two views are possible based on the evidence, the view that favours the accused is to be adopted.
The judgment emphasized the principle that an appellate court must bear in mind the double presumption in favor of the accused in case of acquittal and should not disturb the finding of acquittal rec....
The importance of corroborating the evidence of the prosecutrix with scientific evidence in cases of rape, and the presumption of innocence in favour of the accused in acquittal appeals.
The prosecution must prove its case beyond reasonable doubt, especially in cases of heinous crimes like rape, and the testimony of the prosecutrix must be reliable and corroborated with medical and o....
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