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KARUNESH SINGH PAWAR
Surendra Yadav – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
1. On the last date, status of the appellant was summoned vide order dated 14.12.2022.
Shri Atul Kumar Verma, learned Advocate submits that he has already filed his vakalatnama on behalf of the appellant and confirms that the appellant is alive and therefore, no further report is required.
2. Heard Shri Atul Verma, learned counsel for the appellant and Shri Anant Pratap Singh, learned A.G.A. for the State.
3. The present appeal under Section 374 (2) Cr.P.C. has been filed against the judgment and order dated 19.09.2006 passed by the Additional District and Sessions Judge, Ambedkar nagar, in case crime No. 30/2004, S.T. No. 56/2005, under Sections 363/366/376 IPC, P.S. Hanswar, District Ambedkar Nagar "State of Uttar Pradesh Vs. Surendra Yadav and others", whereby the appellant has been convicted under Section 363/366/376 IPC I.P.C. and under Section 366 he has been sentenced to undergo for a period of 4 years rigorous imprisonment along with a fine of Rs. 2000/-, under Section 366 IPC, he has been sentenced to undergo for a period of 6 years rigorous imprisonment along with a fine of Rs. 2000/-and under Section 376 IPC, he has been sentenced to undergo for a period of 7 year
The main legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt, especially in cases involving discrepancies in evidence and inconsi....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
Rule 12 is strictly applicable only to determine age of a child in conflict with law.
The testimony of the victim of sexual assault is vital and can be relied upon without corroboration, and delay in lodging a complaint does not necessarily indicate falsehood.
Insufficient evidence and credibility issues warranted the reversal of the appellant's conviction for sexual offences under IPC.
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