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IN THE HIGH COURT OF ALLAHABAD
SAUMITRA DAYAL SINGH, SANDEEP JAIN
Shailendra Kushwaha – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges. (Para 1 , 2 , 3 , 4) |
| 2. details of victim's recovery and statements. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. victim's inconsistent testimonies. (Para 12 , 13 , 14) |
| 4. informant's testimony and evidence. (Para 15 , 16) |
| 5. witness testimonies and evidence presented in court. (Para 17 , 22) |
| 6. details of the police investigation and witness accounts. (Para 18 , 19 , 20 , 21) |
| 7. arguments presented by the defense and the prosecution regarding the victim's credibility. (Para 23) |
| 8. defense arguments presented. (Para 25 , 26 , 27 , 28) |
| 9. court's legal standards for evidence assessment. (Para 29 , 30 , 31) |
| 10. analysis of evidence and reasons for doubt. (Para 32 , 34 , 35 , 36 , 37 , 39 , 40 , 41) |
| 11. court's observations on the evidence and its reliability. (Para 33 , 38) |
| 12. final judgment and order of acquittal. (Para 42 , 43 , 44 , 45) |
JUDGMENT :
1. Heard Sri Ashok Kumar Tripathi and Sri Gopal Khare (for the appellant no. 2 in Criminal Appeal No. 243 of 2018 and Sri Vikas Goswami, learned A.G.A for the State and perused the material available on record.
2. Both these Criminal Appeals arise from the common judgment and order
The court emphasized that inconsistent testimonies and lack of credible evidence from the victim led to the conclusion that the prosecution failed to prove its case beyond reasonable doubt, resulting....
The main legal point established in the judgment is the requirement for the prosecution to prove cases of abduction and rape beyond reasonable doubt, especially when relying on the sole testimony of ....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
The prosecution's reliance on the victim's inconsistent testimony did not meet the evidentiary standard required for conviction, leading to the appellant's acquittal.
The court upheld the conviction against the appellant based solely on the victim's credible testimony, emphasizing that societal pressures do not negate the legal obligation to report sexual offenses....
Point of Law - No legal compulsion to look for any other evidence to corroborate the evidence of prosecutrix before recording an order of conviction.
The court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
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