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SUMEET GOEL
Avtar Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
Present appeal is directed against the judgement dated 02.06.2015 passed by the learned Additional Sessions Judge-I, Fatehabad, whereby respondent No.2 (herein) was acquitted from the charges under Sections 363 and 366-A of the IPC by granting him the benefit of doubt.
2. In the present appeal, the pertinent facts for adjudication are that the FIR No.416, dated 21.08.2013, was lodged against the accused-respondent No.2, namely Balwinder Singh @ Bindu S/o Kripal Singh, resident of Village Bighar, Tehsil and District Fatehabad, under Sections 363 and 366-A of the Indian Penal Code (for brevity the ‘IPC’) at Police Station Sardar Fatehabad. The matter proceeded to trial before the Court of learned Additional Sessions Judge-I, Fatehabad, which concluded its proceedings and, vide judgement dated 02.06.2015, acquitted the accused (respondent No.2 herein) of all the charges. The Court below held that the evidence brought on record by the prosecution does not meet the necessary standards laid down under Sections 363 & 366 of the IPC. Given the insufficiency of credible evidence, there is significant doubt regarding the involvement of the accused in the alleged offen
The prosecution must establish guilt beyond reasonable doubt; failure to do so entitles the accused to acquittal.
The presumption of innocence remains strong in acquittals, and the prosecution must prove guilt beyond a reasonable doubt, especially in cases involving minors.
The appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity of compelling reasons to overturn such a decision.
Offence under Section 366 of IPC, 1860 relating to kidnapping/abducting the victim girl by inducing her to compel marriage with him. But the essential ingredients of the offences is that a person bei....
The prosecution must prove charges beyond reasonable doubt, including establishing the victim's age and non-consent; failure to do so justifies acquittal.
An offence under Section 366 IPC, it is necessary for the prosecution to prove that the accused induced the complainant woman or compelled by force to go from any place, that such inducement was by d....
The main legal point established is the requirement for the victim's testimony to inspire confidence and be trustworthy in cases of sexual assault, and the need for corroborating evidence to affirm c....
The prosecution must prove the accused's guilt beyond reasonable doubt, and the absence of corroborating evidence can weaken the case.
Point of Law : In the matter of appreciation of evidence of witnesses, it is not the number of witnesses but the quality of their evidence that is important, as there is no requirement in law of evid....
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