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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAUMITRA DAYAL SINGH, GAUTAM CHOWDHARY
Kallu Verma @ Arvind – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3) |
| 2. details of the prosecution's evidence. (Para 4 , 5 , 6) |
| 3. accused's denial and defense witness accounts. (Para 8 , 9) |
| 4. victim's testimony regarding the incident. (Para 10 , 11) |
| 5. challenges to the credibility of the victim’s identification. (Para 17 , 18) |
| 6. importance of identification and dna testing. (Para 20 , 21) |
| 7. conclusion on the validity of prosecution evidence. (Para 34 , 36) |
JUDGMENT :
Gautam Chowdhary, J.
1. Heard Sri Shad Khan, learned Amicus Curiea for the appellant and Sri L. D. Rajbhar, learned A.G.A.-I for the State and perused the lower Court record.
2. The present appeal arises from the judgment and order dated 08.01.2021 passed by Shri Pawan Kumar Sharma, learned Additional Sessions Judge-IV/ Special Judge (POCSO) Act, Banda in Special Case No. 104 of 2018 ( State of U.P. Vs. Kallu Verma alias Arvind ), arising out of Case Crime No. 452 of 2018, under Sections 363 , 376 I.P.C. and Section 6 of Protection of Children From Sexual Offences Act, Police Station Kotwali Nagar, District Banda, whereby the accused-appellant has been convicted and awarded sentence under Section 6 of Protection of Children From
The reliability of a child's testimony in sexual assault cases is crucial, with strong emphasis on corroboration and proper investigative practices like identification parades.
In cases of rape, inconsistencies and lack of corroborative evidence, particularly regarding victim identification and age, undermine prosecution's case, necessitating acquittal.
Point of law: Conviction set aside - Real and reasonable doubt as to the guilt of the appellants - Conviction in a criminal trial is required to be certain and not doubtful
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
Murder – Conviction set aside - Conviction in a criminal trial is required to be certain and not doubtful - Burden of proof of- guilt of an accused is upon prosecution
(1) Conviction in a criminal trial is required to be certain and not doubtful. Burden of proof of guilt of accused is upon prosecution. It must stand by itself. (2) Cr.P.C does not oblige investigati....
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