Back
SANJEEV KUMAR, MOHAN LAL
State of Jammu & Kashmir, Through Senior Superintendent of Police, Kathua – Appellant
Versus
Rinku @ Gopal Dutt, S/o Mohinder Lal – Respondent
JUDGMENT :
Sanjeev Kumar, J.
1. The State of Jammu & Kashmir (now UT of J&K) is in appeal against the judgment of acquittal dated 13.10.2014 passed by the Principal Sessions Judge, Kathua ["the trial Court"] in file No.08/Sessions titled State v. Rinku @ Gopal Dutt, whereby the trial Court has acquitted the respondent of the charge under Section 376 RPC.
2. Briefly stated, the prosecution case set up in the Final Report is that the Police Station, Malhar Tehsil Billawar registered FIR No.30/2007 for offence under Section 376 RPC against the respondent on the basis of directions for investigation issued by the Chief Judicial Magistrate, Kathua under Section 156(3) Cr.P.C on a complaint made by the maternal-grandfather of the prosecutrix, namely, PW-Masoo. The complainant, in his complaint, has alleged that the prosecutirx, his maternal grand daughter, about 10 years old, is living with him along with her mother, PW-Indro Devi, who has been divorced by her husband-Dewan Chand. It is further alleged that the respondent, by applying deceitful means, induced and lured the prosecutrix to marry with him. The prosecutrix fell prey to such inducement without understanding her good or bad and s
The probative value of entries in public records needs to be examined in light of contrary evidence, and their authenticity is crucial in determining their probative value.
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
