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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
“X” (name masked by this Court), W/o. late Jay Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
(Shree Chandrashekhar, J.) :
The informant has challenged the judgment of acquittal dated 29th June 2022 passed in Sessions Trial Case No.292 of 2019 in favour of Avinash Kumar and Shantanu Kumar Sharma.
2. Chas PS Case No.113 of 2019 was lodged on 9th June 2019 on the basis of written report of “X” given to the Officer-in-Charge of Chas PS on 8th June 2019.
3. After the investigation a charge-sheet was laid against both the accused persons for committing the offence under sections 376, 354-D, 323 and 506 of the Indian Penal Code.
4. During the trial to support the aforesaid charges the prosecution has examined 6 witnesses out of whom the daughter of prosecutrix is PW1.
5. The learned trial Judge has discussed the evidence of the doctor who is PW3 and the prosecutrix who is PW4, in the following manners:
The need for testimonies of sterling quality to convict the accused in a sexual offence case and the principle of scrutinizing the evidence of the victim with the same yardstick as that of any other ....
The central legal point established in the judgment is the requirement of credible and consistent evidence, especially in cases of sexual offenses, to establish guilt beyond reasonable doubt.
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The acquittal of the accused was upheld due to insufficient evidence and inconsistencies in the victim's testimony, demonstrating the high burden of proof required in rape cases.
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 acquittal of the accused was upheld as the prosecution failed to prove guilt beyond a reasonable doubt, guided by the presumption of innocence.
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