Back
TASHI RABSTAN, PUNEET GUPTA
State of J&K through S. H. O Police Station, Doda – Appellant
Versus
Rakesh Kumar – Respondent
JUDGEMENT
Tashi Rabstan, CJ (Acting)
1. The appeal in hand is filed against the judgment dated 31.08.2013 passed by the learned Additional Sessions Judge, Doda, whereby the respondent has been acquitted of the offence under Section 376 RPC. The judgment is challenged on the ground that the prosecution had established the case against the respondent by adducing documentary as well as oral evidence, which in ordinary course of nature is sufficient to prove the guilt of the respondent, however, the learned trial Judge has not appreciated the law, resulting in acquittal of the respondent.
2. Mr. Raman Sharma, learned AAG has argued that there is sufficient material on record to convict the respondent but the learned trial Judge has not appreciated the law and facts of the case, which has resulted into acquittal of the respondent, therefore, the accused is liable to be convicted for the offence for which he was charged and the order of acquittal requires to be set aside.
3. Mr. G.S. Thakur, learned counsel for the respondent has, vehemently, argued that there is no error in the judgment of the trial court which may require interference by this Court. The trial court has considered all aspec
The prosecution must establish guilt beyond reasonable doubt, and failure to identify the accused fatally undermines the case.
The prosecution must prove guilt beyond a reasonable doubt, and failure to identify the accused or utilize expert assistance in interpreting gestures of a disabled victim creates reasonable doubt.
: Non-examination of Investigating Officer may cause dent in prosecution case.
The importance of corroborative evidence and consistency in the prosecutrix's statement in cases of serious allegations.
The prosecution must prove each element of a rape charge beyond reasonable doubt, and failure to conduct a Test Identification Parade undermines the reliability of witness identification.
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
The main legal point established in the judgment is the requirement for consistency and corroborative evidence in proving criminal charges. The court emphasized the need for witness statements to ins....
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....
For a conviction in a rape case based solely on the testimony of the prosecutrix, such evidence must be corroborated, consistent, and of 'sterling quality'; absence of medical evidence and inconsiste....
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
