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SURESHWAR THAKUR, KULDEEP TIWARI
State of Haryana – Appellant
Versus
Vishal – Respondent
JUDGMENT
Kuldeep Tiwari, J. - The instant application, seeking grant of leave, is directed against the order of acquittal dated 31.07.2019 rendered by learned Additional Sessions Judge, (Exclusive Court for Heinous Crime against Women), Kurukshetra, whereby, the respondent has been acquitted from the charges framed against him, under Sections 363, 336-A of Indian Penal Code (hereinafter referred to as 'IPC'), Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act') and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act'), in case FIR No. 190 dated 02.06.2018, registered at Police Station Ladwa, District Kurukshetra.
2. The present application, seeking leave to appeal, has been filed by the State of Haryana with the averments that the learned trial Court has not appreciated the statement of the prosecutrix (identity of the prosecutrix is withheld in terms of explanation attached to Section 33 (7) of POCSO Act) in its right perspective, and, that the statement of the prosecutrix is self sufficient to bring home the guilt of the respondent/accused. It has be
The need for credible and consistent evidence in cases involving sexual assault, and the requirements for raising statutory presumptions under the POCSO Act.
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 that the testimony of the prosecutrix and other prosecution witnesses must be trustworthy and free from material contradictions and inconsistencies....
Once the statement of prosecutrix inspires confidence and is accepted by the Court, conviction can be based only on the solitary evidence of the prosecutrix and no corroboration would be required, un....
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