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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SUBHASH VIDYARTHI
Tariq @ Lohiya – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. question of evidence and burden of proof. (Para 1 , 29 , 36 , 57) |
| 2. examination of victim and inconsistencies in testimonies. (Para 5 , 6 , 10 , 12 , 28) |
| 3. impact of forensic evidence and medical examination results. (Para 19 , 24 , 25 , 51) |
| 4. exceptions for enhancement of statutory standards required. (Para 58 , 60) |
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. By means of the instant criminal appeal filed under Section 374(2) Cr.P.C., the applicant has challenged the validity of the judgment and order dated 26.07.2018 passed by Sri Ram Suchit, the learned Additional Sessions Judge/ Special Judge, POCSO Act, Court No.8, Sitapur in Special Sessions Trial No. 1 of 2016 arising out of Case Crime No. 268 of 2015, under Sections 363 , 366, 376 IPC and Section 3 /4 POCSO Act, Police Station Sadarpur, District Sitapur.
2. The aforesaid case was instituted on the basis of a written complaint given by the informant on 15.11.2015 against three persons, including the appellant Tariq alias Lohiya and his two brothers Salim and Idris, stating that when the informant’s daughter aged 16 years had gone out of her home at about 10 p.m. in the intervening night of 12/13.11.2015 for urinating,
Prosecution must establish guilt beyond reasonable doubt in sexual offences; inconsistent statements and lack of evidence weaken claims against the accused.
The presumption under the POCSO Act is rebuttable and requires foundational facts to be established beyond reasonable doubt for conviction.
The court affirmed that the victim's testimony, corroborated by medical evidence, is sufficient for conviction in rape cases, even with minor inconsistencies.
The judgment emphasizes the importance of the victim's reliable and confident statement, the significance of discrepancies, belated reporting, and lack of corroboration and support from family member....
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
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.
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