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SURESHWAR THAKUR, KULDEEP TIWARI
YYY Through Her Father – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. challenge against acquittal based on prosecutrix's statement (Para 1 , 2 , 3) |
| 2. court's preliminary examination of the case (Para 4 , 10 , 11) |
| 3. details of the prosecution complaint and investigation (Para 5 , 6) |
| 4. prosecutrix's contradictory testimony undermines the prosecution case (Para 12 , 14 , 15) |
| 5. statutory presumptions and their implications on the burden of proof (Para 20 , 21) |
| 6. dismissal of appeal, upholding trial court's acquittal (Para 22 , 23) |
JUDGMENT
Kuldeep Tiwari. J.
The instant appeal is directed against the order of acquittal dated 2.8.2022 passed by the learned Additional Sessions Judge, Fast Track, Special Court (under POCSO Act), Namaul, whereby, the respondent has been acquitted of the charges framed against him for offences punishable under Sections 465 , 506 (ii) of IPC and section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act'), in case FIR No. 520 dated 14.10.2019, registered with Police Station Mahendergarh.
2. The prosecutrix, who is stated to be a minor, has, through her father, challenged the verdict of acquittal (supra), on the ground, that the learned trial Court has not as
The need for credible and consistent evidence in cases involving sexual assault, and the requirements for raising statutory presumptions under the POCSO Act.
The main legal point established is that the testimony of the prosecutrix, supported by medical evidence and witness statements, can be sufficient to prove guilt under the POCSO Act and the Indian Pe....
Attempt to outrage modesty of minor girl – Testimonies of prosecutrix as well as other witnesses cannot be wiped out on the basis of trivial contradictions.
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 court upheld the conviction under the POCSO Act, emphasizing the victim's age and the reliability of her testimony despite minor inconsistencies.
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