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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, JAI KRISHNA UPADHYAY
Ram Kumar – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Jai Krishna Upadhyay, J.
1. Heard Sri Neelabh Srivastava, learned counsel for the appellant and learned AGA for the State, and perused the record.
2. The instant appeal has been filed under Section 413 BNSS by the appellant against the judgment and order dated 01.12.2025 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Court No. 43, Shahjahanpur (J.O. Code U.P. 6453) in Special Session Trial No. 239 of 2021 (CNR NO. UPSH 010075392021) (State vs. Pappu) arising out of Case Crime No. 307 of 2021 under Sections 363, 376 (2) (n) IPC & 3/4 IPC & 3/4 the POCSO Act, Police Station - Khudaganj, District -Shahjahanpur.
3. The prosecution story in a nutshell is as follows:-
(i) The applicant, Ram Kumar, S/o Rampal, R/o village Tadainiya, police station - Khudaganj, district Shahjahanpur submitted written report/tahrir stating therein that Pappu, S/o Ram Swarup of the same village, used to tease his daughter (victim) on the way coming and going.
(ii) On 26.09.2021 at about 12:00 noon, the accused grabbed the hands of the applicant's daughter and attempted to drag her away. When she raised an alarm, he ran away. When she informed the applicant about this incident, th
The court affirmed that acquittal is upheld when prosecution fails to establish charges beyond reasonable doubt, especially concerning the victim's age and identity of the biological father.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimonies can lead to acquittal.
The prosecution must substantiate charges with consistent, reliable evidence; failure to do so results in acquittal.
Point of Law : Trial Court had appreciated the evidence in proper perspective and also assigned justifiable and sound reasons in rendering the acquittal judgment. There is no perversity, absurdity o....
The judgment reinforces the principle that an acquittal should not be overturned unless there is clear evidence of guilt beyond a reasonable doubt.
In a criminal case, the prosecution bears the burden of proving the guilt of the accused beyond reasonable doubt. Inconsistencies and contradictions in the prosecution's evidence may affect the relia....
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