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ASHWANI KUMAR MISHRA, MOHD. AZHAR HUSAIN IDRISI
Bhure Singh Chak – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
1. This appeal is by the informant challenging the judgment of acquittal dated 7.12.2023, passed by the court below in P.S.T. No. 156 of 2022 (State Vs. Bhura @ Vimal & Ors.) arising out of Case Crime No. 421 of 2021, under Sections 376, 323, 504, 506 IPC and Section 3/4 POCSO Act, Police Station Rasoolpur, District Firozabad.
2. Informant is the father of the victim, who has given a written report on 26.10.2021 stating that he works in different district in order to take care of his family. His family is living in the house of one Shivraj Katheria for the last two and a half years. Accused lives in front of the informant's house. It is alleged that victim is sixteen years old and was being harassed by the accused, who also extended life threats to her. Victim was also threatend not to report the incident. On 24.10.2021 when he returned home the victim informed all such facts whereafter the informant made a protest to the father of the accused, who started misbehaving with the informant and bricks etc were thrown on their house. Police was called whereafter accused persons fled. It is stated that accused persons are influential persons and pressure was being exerted on the
The prosecution must prove its case beyond reasonable doubt, and inconsistencies in evidence can lead to acquittal.
The judgment emphasizes the principle of proving guilt beyond reasonable doubt and the presumption of innocence in appeals against acquittal.
The prosecution must establish its case beyond reasonable doubt, and inconsistencies in the victim's testimony can lead to acquittal in sexual offence cases.
In rape cases, a victim's credible testimony can obviate the need for corroboration; if deemed incredible, corroboration becomes essential for a conviction.
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 prosecution must prove charges beyond reasonable doubt; contradictions and lack of medical evidence led to the acquittal of the accused.
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