SURESHWAR THAKUR, KULDEEP TIWARI
.... – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. appeal against acquittal of sexual offence. (Para 1) |
| 2. credibility of prosecutrix’s statement highlighted. (Para 2) |
| 3. court's observations on evidence credibility. (Para 3 , 7) |
| 4. factual background of the case. (Para 4 , 5) |
| 5. trial court's proceedings and charges. (Para 6) |
| 6. appellate court's power to re-evaluate evidence. (Para 8 , 9 , 10) |
| 7. importance of prosecutrix's statement in sexual offences. (Para 11) |
| 8. contradictions in prosecutrix's statements undermine credibility. (Para 12 , 13) |
| 9. consensual relationship established; lack of evidence for claims. (Para 14 , 15) |
| 10. delay in filing fir affects prosecutrix’s case. (Para 16 , 17) |
| 11. summary of prosecutrix and respondent's relationship. (Para 18) |
| 12. conclusion on evidence acceptance and acquittal. (Para 19) |
| 13. final judgment dismissing the appeal and acquitting the respondent. (Para 20 , 21) |
Judgment
Mr. Kuldeep Tiwari, J.
The instant appeal is directed against the order of acquittal dated 22.12.2021 rendered by learned Additional Sessions Judge, Jind, whereby, the respondent No.2 has been acquitted qua the charges framed against him, under Sections 354 (D), 376(2)(N), and, 506 of INDIAN PENAL CODE (hereinaft
Chandrappa vs. State of Karnataka
Harijana Thirupala vs. Public Prosecutor, High Court of A.P.
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....
Acquittal in rape case upheld as prosecutrix testimony lacks sterling quality due to improbabilities, contradictions, unnatural conduct, absence of injuries, failing to inspire confidence despite pot....
In cases of acquittal, there is a double presumption in favor of the accused, and the appellate court should not disturb the finding of acquittal unless there are substantial and compelling reasons t....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.