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M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
State of Haryana – Appellant
Versus
Chander Pal – Respondent
| Table of Content |
|---|
| 1. facts leading to the acquittal appeal (Para 2 , 3 , 4 , 5 , 6) |
| 2. state's contention on trial court's errors (Para 8) |
| 3. issue of victim's age under pocso act (Para 9 , 18) |
| 4. weight of documentary evidence for age determination (Para 10) |
| 5. evidence value of school admission records (Para 11 , 12 , 13) |
| 6. contradictory evidence affecting credibility of witness (Para 14 , 15 , 16 , 17) |
| 7. elements of consent and voluntary actions in alleged crime (Para 19) |
| 8. prosecution's burden of proof on sexual assault claims (Para 20) |
| 9. prosecutrix's inconsistent statements impacting case credibility (Para 21 , 22) |
| 10. evidence evaluation and corroboration necessity in rape cases (Para 25) |
| 11. conclusion dismissing the appeal for lack of merit (Para 26 , 27) |
JUDGMENT
Sukhvinder Kaur, J.
The appellant-State of Haryana has preferred the instant application under Section 378(3) Cr.P.C. seeking leave to appeal against judgment dated 16.12.2020, passed by learned Additional Sessions Judge, Fast Track Court, Sirsa, vide which respondent-accused Chander Pal has been acquitted.
2. The facts, as per record, are that the complainant is resident of Village Bakerianwali, District Sirsa. The age of
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 judgment emphasizes the admissibility of school registers to determine the age of a minor, the reliability of the victim's testimony in sexual offence cases, and the mandatory minimum sentences u....
The appeal was allowed as the prosecution failed to prove the prosecutrix's age and voluntary relationship negated the charges of abduction and rape.
The court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
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