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ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY
Shahjahan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ASHWANI KUMAR MISHRA, J.
1. All these appeals are directed against a composite judgment and order of conviction and sentence dated 11.08.2009, passed by the Additional Sessions Judge, Court No. 2, Bijnor, in Sessions Case No. 622 of 2005 (State Vs. Preetam and others), under Sections 363, 366, 368 & 376(g) I.P.C. arising out of Case Crime No. 549 of 2004, Police Station-Nehtaur, District-Bijnor; whereby accused appellants-Preetam, Ayyub and Lala @ Shakir have been convicted and sentenced to five years rigorous imprisonment alongwith fine of Rs.10,000/- each, under Section 363 I.P.C. and on failure to deposit fine to undergo simple imprisonment for one year; to undergo ten years rigorous imprisonment alongwith fine of Rs.20,000/- each, under Section 366 I.P.C. and on failure to deposit fine to undergo simple imprisonment for one and a half years; whereby accused appellant Preetam has also been convicted and sentenced to life imprisonment alongwith fine of Rs.2,00,000/- under Section 376(g) I.P.C. and on failure to deposit fine to undergo simple imprisonment for two years; accused appellants Smt. Shahjahan, Smt. Gulshan and Javed have been convicted and sentenced to undergo
The court ruled that the victim's testimony lacked credibility and corroboration, leading to the acquittal of the accused due to the benefit of doubt.
Penetrative sexual assault upon minor girl – It is incumbent upon prosecution to establish beyond all reasonable doubts that victim was below 18 years as on date of occurrence to attract provisions o....
The prosecution must prove beyond a reasonable doubt that the accused kidnapped the victim with the intent to compel her to marry or to seduce her to illicit intercourse, and mere allegations without....
The reliability of the victim's testimony and medical evidence in cases of sexual offences, and the reasonableness of delay in filing the FIR due to the sensitive nature of such offences.
The determination of the victim's age is crucial in cases of sexual offences, and the court emphasized the importance of following the procedure for determining the age of a juvenile under the Juveni....
The prosecution must prove guilt beyond a reasonable doubt, particularly in cases where the victim's statements are inconsistent and unsupported by corroborative evidence.
The central legal point established in the judgment is the requirement for the prosecution to establish the victim's age beyond all reasonable doubt and the reliability of the victim's testimony in c....
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