Back
SHREE PRAKASH SINGH
Okansh Kumar Singh – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3) |
| 2. arguments from the appellant emphasizing lack of evidence and inconsistencies. (Para 4 , 5 , 6 , 7 , 8) |
| 3. specific legal precedents cited regarding evidence and alibi. (Para 9 , 18 , 19 , 23 , 26) |
| 4. court observations on the admissibility of evidence and procedural standards. (Para 10 , 11 , 12 , 20 , 21) |
| 5. state's rebuttal regarding the strength of evidence. (Para 14 , 15 , 17) |
| 6. final conclusion dismissing the appeal. (Para 33 , 34) |
JUDGMENT
Shree Prakash Singh, J.
Heard Sri Chandra Bhushan Pandey, Advocate assisted by Sri Shambhu Nath Mishra, learned counsel for the appellant, Sri Aniruddh Kumar Singh, learned AGA for the State and Sri Chandan Srivastava, learned counsel for opposite party no. 2.
2. By means of the instant appeal, the appellant has assailed the summoning order dated 04.10.2019 and the order of bailable warrant dated 15.11.2019, passed by the Court of Special Judge (SC/ST Act), Barabanki.
3. Brief facts of the case are that the informant lodged a First Information Report against the present appellant and other accused persons on 27.07.2017, alleging therein, the incident dated 16.05.2017, under Secti
The court established that a victim's testimony, while crucial, must be corroborated; contradictions in the prosecutrix's statements rendered the conviction unsafe.
Hon’ble Supreme Court has held that in the cases where there are serious doubts regarding the sexual intercourse, the benefit of doubt has been provided upon the accused.
Offence of Rape - Conviction Upheld - Reliability of statement of prosecutrix/victim - Statement of prosecutrix, if found to be worthy of credence and reliable, requires no corroboration - Court may ....
The court can base conviction on the sole testimony of the prosecutrix if it inspires confidence, but her testimony must be of sterling quality and free from contradictions and inconsistencies.
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
