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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Rajiv Gupta, Vikas Budhwar
State of U.P. – Appellant
Versus
Sajid S/O Ibnehasan – Respondent
JUDGMENT :
Vikas Budhwar, J.
1. Impugned in the present proceedings by way of Government Appeal No. 728 of 2024 at the instance of State of U.P. and Appeal under Section 372 of the Cr.P.C. No. 1070 of 2022 preferred by Sher Ali (informant) is the judgment and order dated 26.03.2022 passed by Additional Sessions Judge, Court No. 3, Ghaziabad in Session Trials No. 234 of 2018 (State of Uttar Pradesh Vs. Sajid) arising out of Case Crime No. 196 of 2018 under Section 364, 376(3), 302, 201 I.P.C. and Section 5/6 of the POCSO Act, P.S. Bhojpur, District Ghaziabad acquitting the accused respondents.
Facts
2. The prosecution story in brief is that on 25.05.2018, Sher Ali (P.W. 1), lodged a first information report in the Police Station Bhojpur, District Ghaziabad alleging that his daughter (victim) aged about 12 years had gone out of the house at about 7:00 P.M. on 22.05.2018 whereafter she went missing. Despite constant efforts her whereabouts were not known, constraining Sher Ali (P.W. 1) to lodge first information report being Case Crime No. 196 of 2018 under Section 363 I.P.C. Post lodging of the first information report, Amar Pal Singh, Sub Inspector was appointed as the Investigating Off
The appellate court cannot overturn an acquittal unless the trial court's decision is perverse or unsupported by evidence, emphasizing the presumption of innocence.
The judgment emphasizes the requirement for complete and conclusive circumstantial evidence to establish guilt beyond reasonable doubt in criminal cases.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
The burden of proof lies with the prosecution to establish guilt beyond reasonable doubt, requiring all circumstantial evidence to exclude reasonable hypotheses of innocence.
Admissibility of electronic evidence – There is a complete procedure envisaged under Section 65-B(4) of Indian Evidence Act wherein production of certificate has been held to be mandatory with certai....
Burden of proof under section 106 Indian Evidence Act, 1872, falls upon accused to prove his innocence.
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