IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Subhash Vidyarthi
Ram Sanehi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Subhash Vidyarthi J.
1. Heard Sri Rehan Ahmad Siddiqui, the learned Amicus Curiae appearing for the appellant, Sri Mohd. Asif Khan, the learned Additional Government Advocate-I appearing for the State and perused the records.
2. By means of the instant jail appeal filed under Section 383 Cr.P.C., the appellant has challenged the validity of a judgment and order dated 03.11.2020, passed by Smt. Deepa Rai, the learned Special Judge, POCSO Act, Hardoi in Special Sessions Trial No.329 of 2016, arising out of Case Crime No.81 of 2016, under Sections 376, 342, 504 Indian Penal Code and Section 3/4 of Protection of Children from Sexual Offences Act, Police Station Harpalpur, District Hardoi.
3. The aforesaid case was instituted on the basis of an F.I.R. lodged on 18.03.2016 alleging that at about 9.30 p.m. on 17.03.2016 the informant had gone to attend the call of nature in the latrine constructed near her house, the appellant caught hold of her with evil intention, locked her inside his room and raped her. The appellant threatened that in case victim told about the incident to her parents he would kill her. The F.I.R. alleged that the door of the room was opened with the intervent

Discrepancies in witness testimonies and lack of medical corroboration led to the acquittal of the defendant, emphasizing the prosecution's burden to prove guilt beyond reasonable doubt.
Prosecution must establish guilt beyond reasonable doubt in sexual offences; inconsistent statements and lack of evidence weaken claims against the accused.
The court emphasized the importance of the victim's statement, age determination, and medical evidence in cases of sexual assault involving minors.
The prosecution must provide credible evidence beyond reasonable doubt in sexual assault cases; inconsistencies in witness testimony and absence of corroborative evidence can lead to acquittal.
The prosecution must prove guilt beyond reasonable doubt in rape cases; contradictions in testimonies and lack of corroborative evidence led to the acquittal of the appellant.
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