SURESHWAR THAKUR, KULDEEP TIWARI
Neetu – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J.
The applicant/appellant has filed the instant criminal appeal and application for seeking grant of leave to appeal against the judgement of acquittal passed by the learned trial court in case FIR No. 50 dated 7.2.2009, under Sections 323 , 506 IPC, registered at Police Station Sadar Gurgaon and Criminal Complaint No. 60 of 2014, filed under Sections 376 , 323, 506, 34 IPC, titled as 'Neetu v. Satish etc.', vide which respondents-accused were acquitted of the charges framed against them.
Factual Matrix
2. The case of the prosecution unfolded on a statement made by the prosecutrix on 7.2.2009, (the identity of the prosecutrix has been withheld in view of the provisions of Section 228(A) of IPC hereinafter to refer as the prosecutrix) to the police that her father is living separately from them for the last 15 years and she has been living with her siblings and mother Ramwati and her mother Ramwati is working as a house maid. On that day, at around 2.00 PM, when she was alone at her home, Satish son of Khushi Ram, Tejpal son of Dil Khush entered in her house. Satish grappled her and gagged her mouth and then Tejpal had ravished her. She tried to raise ala
The need for credible and consistent evidence in cases involving sexual assault, and the requirements for raising statutory presumptions under the POCSO Act.
The prosecution must prove its case beyond reasonable doubt, especially in cases of heinous crimes like rape, and the testimony of the prosecutrix must be reliable and corroborated with medical and o....
The acquittal of the accused was upheld due to insufficient evidence and inconsistencies in the victim's testimony, demonstrating the high burden of proof required in rape cases.
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