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RAJNESH OSWAL, PUNEET GUPTA
State of J. & K. – Appellant
Versus
Surinder Kumar – Respondent
JUDGMENT :
1. The present acquittal appeal is directed against the judgment dated 30.01.2016 passed by the court of learned Principal Sessions Judge, Samba (hereinafter to be referred as the trial court) in case titled "State of J&K v. Surinder Kumar" whereby the respondent has been acquitted of the charge for commission of offences under section 363/ 376 RPC in FIR bearing No. 178/2013 registered with Police Station, Samba.
2. The judgment of the acquittal has been assailed by the appellant on the ground that the prosecution had established the case against the respondent by adducing documentary as well as oral evidence, which in the ordinary course was sufficient to convict the respondent but the learned trial court has failed to appreciate the prosecution evidence in its right perspective and acquitted the respondent erroneously.
3. Mr. Amit Gupta, learned AAG argued that the victim/prosecutrix was minor and the learned trial court has failed to appreciate her testimony in right perspective and acquitted the respondent despite the fact that the prosecution had proved the case beyond reasonable doubt.
4. Mr. Rajnish Raina who volunteered to represent the respondent, argued that th
The main legal point established in the judgment is the requirement to prove the age of the victim beyond reasonable doubt and the impact of delay in filing the FIR on the case.
Prosecution must prove the age of the victim to secure conviction under relevant IPC sections; evidentiary discrepancies can lead to acquittal.
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
School records' date of birth entries admissible but not conclusive proof of age without evidence of basis; prosecution must prove victim's minority beyond reasonable doubt for statutory rape convict....
The determination of the prosecutrix's age and the credibility of the prosecution's evidence are crucial in establishing the guilt of the accused.
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