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ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY
Shiv Mohan Shilpkar – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
1. Heard Sri Daya Shankar, learned counsel for the appellant-informant, Sri Jyoti Bhushan, learned counsel for the accused appellant and learned AGA for the State.
2. Delay in filing the government appeal is explained to the satisfaction of the Court. Delay is, accordingly, condoned. Application for condonation of delay stands allowed.
3. These appeals are by the informant as well as the State challenging the judgment of acquittal dated 26.5.2022, passed by the court below in Special Sessions Trial No.23 of 2014 (State Vs. Praveen Kumar Yadav), arising out of Case Crime No.07 of 2014, under Sections 376, 511 IPC and Section 3/4 POCSO Act, Police Station Jahanaganj, District Azamgarh.
4. The informant in the present case has made a written report stating that he is a resident of Village Sukhpur Police Station Jiyanpur, District Azamgarh. He had returned on 20.1.2014 from his in-laws place at Jahanaganj in the evening. At about 9.00 PM when the victim (informant’s daughter) aged six years had gone to offer tea to the driver, the driver attempted rape on her. The daughter informed this fact to her mother. With these allegations the FIR came to be registered as Case Crime No.07
The prosecution must prove its case beyond reasonable doubt, and inconsistencies in evidence can lead to 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 judgment emphasizes the principle of proving guilt beyond reasonable doubt and the presumption of innocence in appeals against acquittal.
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 underscores the importance of credible evidence and the need for timely reporting in sexual offence cases to ensure justice.
Significant inconsistencies in the victim's testimony, lack of corroborative evidence, and procedural errors undermine the credibility of the prosecution's case in rape convictions.
The importance of corroborating the evidence of the prosecutrix with scientific evidence in cases of rape, and the presumption of innocence in favour of the accused in acquittal appeals.
The need for corroboration in cases of doubt regarding the victim's statement in a rape case.
Rape and criminal intimidation of minor girl – Once prosecution proves core and fundamental facts which lead to proof of act of commission of offence, presumption can be raised in view of Section 29 ....
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