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SURESHWAR THAKUR, KULDEEP TIWARI
Goldy – Appellant
Versus
State of Haryana – Respondent
SURESHWAR THAKUR, J.
1. The instant appeal is directed against the impugned verdict, as made on 22.9.2022, upon Sessions Case No. 126 of 2022, by the learned Additional Sessions Judge (Fast Track Special Court to try the offences of rape and under POCSO Act), Kurukshetra, wherethrough in respect of charges drawn against the accused qua offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act), and, under Section 506 of the IPC, thus the learned trial Judge concerned, proceeded to record a finding of conviction against appellant-convict. Moreover, through a separate sentencing order, drawn on 26.9.2022, the learned trial Judge concerned, sentenced the appellant-convict to undergo rigorous imprisonment for a period of twenty years, thus for an offence punishable under Section 4(2) of the POCSO Act, besides also imposed, upon the appellant-convict sentence of fine, as comprised in a sum of Rs. 25,000/-, and, in default of payment of fine amount, he sentenced the convict to undergo rigorous imprisonment for a period of nine
The main legal point established in the judgment is the requirement of conclusive evidence to prove charges beyond a reasonable doubt.
The court found that the prosecution failed to prove the prosecutrix's age and that the sexual encounter was consensual, leading to the acquittal of the accused.
The court upheld the conviction for gang rape and wrongful confinement, affirming the reliability of the victim's testimony and DNA evidence against the appellant under Sections 376(D.A.) and 342 of ....
The prosecution must prove charges beyond reasonable doubt; contradictions and lack of medical evidence led to the acquittal of the accused.
The conviction was quashed due to insufficient evidence and credibility issues with the victim, highlighting the necessity of establishing a solid evidentiary foundation in sexual assault cases.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
The prosecution must establish guilt beyond a reasonable doubt, with sufficient and credible evidence; failure to do so invalidates a conviction.
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