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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, JAI KRISHNA UPADHYAY
Kuntesh – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. summary of prosecution case, testimonies, and trial proceedings. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 2. apposing contentions regarding evidence, witness credibility, and alleged improvements. (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 3. criteria for evaluating testimony of a child witness and materiality of improvements. (Para 22 , 23 , 24 , 25) |
| 4. need for corroborative evidence and benefit of doubt in criminal convictions. (Para 26 , 27 , 28) |
| 5. order of acquittal based on prosecution failure to prove guilt. (Para 29 , 30 , 31) |
JUDGMENT :
JAI KRISHNA UPADHYAY, J.
1. The present criminal appeal has been preferred against the judgement and order dated 31.01.2019 passed by Additional Sessions Judge/Special Judge (POCSO Act), Court No. 1, Auraiya in Special Case No. 34P/2017 ( State vs. Kuntesh ), arising out of Case Crime No. 121 of 2017, u/s 376, 323 IPC & ¾ Protection of Children From Sexual Offence Act, Police Station – Ayana, District – Auraiya. thereby convicting and sentencing the appellant for life imprisonment and fine of Rs. 50,000/- for the offence under Section 376 IPC, in default of payment of fine one year additional R.I, 01 year
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
A victim's testimony, if credible and corroborated, can be sufficient for conviction, highlighting the judicial approach towards sexual assault cases involving minors.
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
Testimony of a child victim, if found consistent and credible, outweighs contradictory medical evidence even in the absence of physical injury. A reasonable explanation for the delay in filing a comp....
Prosecution must establish foundational facts beyond reasonable doubt; mere reliance on victim’s inconsistent testimony is insufficient for conviction.
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 ....
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