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SURESHWAR THAKUR, KULDEEP TIWARI
Kuldeep Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. overview of prosecution and trial details. (Para 1 , 2 , 3 , 4) |
| 2. determination of the prosecutrix's age and incident recount. (Para 5 , 6 , 7) |
| 3. conflicting evidence from witness testimonies. (Para 8 , 10 , 11) |
| 4. examination of witness credibility and evidence reliance. (Para 9 , 12 , 13) |
| 5. prosecution's failure to substantiate claims. (Para 14 , 15) |
| 6. final judgment and acquittal of appellants. (Para 16 , 17 , 18) |
JUDGMENT
Kuldeep Tiwari, J.
The instant appeal has been directed against the verdict of conviction, and, the order of sentence dated 16.07.2019 passed by the learned Additional Sessions Judge/Exclusive Court, Amritsar, in case FIR No.69 dated 18.04.2017, registered under Sections 365 , 363, 366-A, 376, 328, 120-B of INDIAN PENAL CODE (hereinafter referred to as 'IPC' for short), and, section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short), at Police Station Jandiala, District Amritsar, whereby the appellant Nos.1 and 3 have been convicted for the offences punishable under Sections 363 , 365, 366, 366-A and 376-D of IPC, while, the appellant No.2 has been convicted for the offences punishable u
Criminal Law - Criminal Trial - Appeal against conviction - Rape of Minor girl - Reliability of testimony - Statement made by prosecutrix and her failure to give any details of the previous places th....
The court established that a victim's testimony, while crucial, must be corroborated; contradictions in the prosecutrix's statements rendered the conviction unsafe.
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....
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
The prosecution failed to prove the age of the prosecutrix and the charges against the appellants beyond reasonable doubt, leading to their acquittal.
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