Back
ASHWANI KUMAR MISHRA, MOHD. AZHAR HUSAIN IDRISI
Kajal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
This appeal has been filed by the victim (X) challenging the judgment and order dated 24.2.2023, passed by Special Judge (POCSO Act), Court No. 3/Additional Sessions Judge Bareilly, in Sessions Trial No. 46 of 2020 (State v. Sanjay and others), arising out of Case Crime No. 432 of 2017, under Sections 376-D, 506 IPC & Section 6 POCSO Act, Police Station Subhash Nagar, District Bareilly, whereby accused persons have been acquitted of the offence by granting them benefit of doubt. A finding has been returned that prosecution has not been able to successfully prove the incident, which led to the implication of accused persons.
2. This appeal was initially entertained and lower Court records were summoned, so that the appeal may be considered for admission. The records have been received and have been perused by us.
3. The prosecutrix has alleged in her written report that on 10.9.2017 at about 7.00 pm she had gone to Nekpur Sugar Mill to get Chowmein. A scooty arrived with the minor accused alongwith accused Jittu @ Jitendra, who are resident of the same locality and administered some substance, on account of which she became unconscious and victim was taken to a village where
The court reinforced that the burden of proof lies with the prosecution to establish both the victim's age and the occurrence of the crime beyond reasonable doubt.
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.
The main legal point established in the judgment is the reliance on corroborative evidence, including medical reports and witness testimony, to establish the commission of sexual offences. Additional....
The victim's testimony in sexual assault cases should be weighed on reliability rather than strict corroboration, reflecting the trauma and context of the crime.
The court affirmed that acquittal was proper, emphasizing the need for corroborative evidence in sexual assault cases and the prosecution’s failure to prove kidnapping or consent under the specified ....
The court emphasized the importance of the victim's statement, age determination, and medical evidence in cases of sexual assault involving minors.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
