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RENU AGARWAL
Buddhu Raidas – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. The instant criminal appeal under Section 374 Cr.P.C. is preferred against the judgment and order dated 11.01.2002 passed by learned Additional Sessions Judge, Fast Track Court-V, Lucknow in Sessions Trial No. 913 of 2001, Crime No. 62 of 2000 under Section 363, 366, 376 I.P.C., Police Station Gosaiganj, Lucknow whereby the accused appellant Buddhu Raidas has been convicted and sentenced under Section 363 I.P.C. with rigorous imprisonment for a period of four years along with fine of Rs. 2,000/-and in default of fine, additional six months imprisonment, under Section 366 I.P.C. with rigorous imprisonment for a period of four years along with fine of Rs. 2,000/-and in default of fine, additional imprisonment for six months and under Section 376 I.P.C. with rigorous imprisonment for a period of seven years along with fine of Rs. 2,000/-and in default of fine, additional six months rigorous imprisonment.
All the sentences were instructed to run concurrently.
2. In the guidelines of the Hon’ble the Supreme Court, the name of the victim is not disclosed in the present judgment and is being referred to as letter ‘X’.
3. Prosecution story in nut-shell is that the daughter of the
The judgment emphasizes the need for compelling reasons to overturn an acquittal and the importance of properly evaluating evidence in an appeal against acquittal.
The court emphasized the necessity of proper age determination procedures under the Juvenile Justice Act, concluding that the prosecution failed to establish the victim's age as under 18, leading to ....
Proof of age – Such person who is supporting date of birth recorded in school leaving certificate has to disclose source of date of birth.
The testimony of a victim in sexual assault cases can be sufficient for conviction if corroborated by credible evidence, including medical reports.
The prosecution must prove a victim's age beyond reasonable doubt, and consent negates charges of kidnapping and rape when the victim willingly engages in a relationship.
The court upheld the conviction for abduction and rape based on testimonial and medical evidence, emphasizing the validity of medical age assessment in absence of primary documents.
The prosecution must establish the age of the victim beyond reasonable doubt in cases under the POCSO Act; failure to provide adequate evidence leads to acquittal.
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
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