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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ACHAL SACHDEV
Bhagwat Kushwaha – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
ACHAL SACHDEV, J.
1. Heard Sri Abhishek Mayank, learned counsel for the appellant, Sri Vinay Kumar Singh, learned counsel for the informant and Sri Sanjay Singh, learned A.G.A.-I for the State.
2. This criminal appeal has been filed by the appellant against the judgement and order dated 05.09.2019 and sentence order dated 06.09.2019 passed by Special Judge (POCSO), Additional Sessions Judge, Court No.07, District- Jhansi, in Special Sessions Trial No. 41 of 2015 ( State of U.P. Vs. Bhagwat Kushwaha ) arising out of Case Crime No. 64 of 2015, Police Station-Sakrar, District-Jhansi, whereby the appellant has been convicted and sentenced to undergo five years imprisonment and fine of Rs.10,000/- u/s 366 I.P.C. and ten years imprisonment and fine of Rs.20,000/- u/s 376 I.P.C. along with default stipulation.
3. The facts of the case in brief, as per the prosecution case are that on 28.05.2015 at 12:25 pm, a written report was made by the informant Ramswaroop, son of Ghanshyam, resident of village- Luhari, Police Station- Sakrar, District- Jhansi stating that his daughter had gone missing since 3:00 am on 28.05.2015 and then they realized that their daughter had been kidnapped by
The court emphasized the necessity of proving consent in cases of alleged rape, highlighting that discrepancies in the victim's testimony and absence of objective evidence consistently undermined the....
The determination of the victim's age is crucial in cases of sexual offences, and the court emphasized the importance of following the procedure for determining the age of a juvenile under the Juveni....
The prosecution must prove the victim's age and absence of consent beyond reasonable doubt; inconsistencies in testimony can lead to acquittal.
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
The central legal point established in the judgment is the requirement for the prosecution to establish the victim's age beyond all reasonable doubt and the reliability of the victim's testimony in c....
The prosecution must prove a victim's age beyond reasonable doubt, and consent negates charges of kidnapping and rape when the victim willingly engages in a relationship.
The prosecution must establish the victim's age and the accused's intent beyond reasonable doubt in cases of sexual offences, and mere allegations without corroborative evidence are insufficient for ....
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