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ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY
State of U. P. – Appellant
Versus
Geetam – Respondent
JUDGMENT :
By the Court.-This appeal is by the State alongwith an application for grant of leave to challenge the judgment of acquittal dated 25.7.2024 passed by the learned Special Judge (POCSO Act)/Additional Sessions Judge, Budaun, in Special Session Trial No. 207 of 2017 (State v. Geetam), Special Session Trial No. 988 of 2017 (State v. Manakchand) and Special Session Trial No. 662 of 2018 (State v. Raghuraj), arising out of Case Crime No. 445 of 2016, under Sections 363, 366, 376-D I.P.C. and Section 5/6 of Protection of Children From Sexual Offences Act, Police Station Jarifnagar, District Budaun.
2. The informant in the present case is the father of the 13 year old victim, who has lodged a report on 25.9.2016, stating that on the previous day, i.e., 24.9.2016 at about 04:00 p.m., the victim had gone to cut fodder for the cattle in the field, but when she did not return he became suspicious and came to know that Jugendra, Raghuraj, Manakchand and Geetam, on the threat of illegal fire-arms, have abducted his daughter. The F.I.R. consequently came to be registered under Sections 363, 366 I.P.C., and on conclusion of investigation the charge-sheet was submitted under Sections 363,
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 prosecution must prove its case beyond reasonable doubt, and inconsistencies in evidence can lead to acquittal.
The central legal point established in the judgment is the significance of evidence regarding the prosecutrix's age, the reliance on medical evidence and victim's statement, and the evaluation of dis....
In rape cases, a victim's credible testimony can obviate the need for corroboration; if deemed incredible, corroboration becomes essential for a conviction.
The prosecution must prove the accused's guilt beyond reasonable doubt, and the absence of corroborating evidence can weaken the 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 ....
The judgment emphasizes the principle of proving guilt beyond reasonable doubt and the presumption of innocence in appeals against acquittal.
The appellate court ruled that the victim’s credible testimony, corroborated by medical evidence, was sufficient to overturn the trial court's acquittal and convict the main respondent under the POCS....
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