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MANOJ KUMAR TIWARI, PANKAJ PUROHIT
X – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
PANKAJ PUROHIT, J.
1. The instant appeal is directed against the judgment and order dated 03.08.2022, passed by the learned Judge Fast Track Special Court/Additional District and Sessions Judge, Dehradun in Special Sessions Trial No. 140 of 2019, State of Uttarakhand vs. Kamal Singh Bisht, whereby an application Paper No. 95-B moved by the appellant-victim for framing charge under Section 376 IPC and Section 4 of The Protection of Children from Sexual Offences Act, 2012, (for short “the POCSO Act”) against the applicant, was rejected.
2. An F.I.R. was lodged against the private respondent by mother of the appellant-Prabha Devi in Police Station Mussoorie No. 0018 of 2019 dated 21.06.2019 under Sections 323, 504, 506, 354-A, 307 and 107 IPC and 7/8 of the POCSO Act and 3 (1) (x) (xi) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, (for short “S.C. and S.T. Act”)
3. As per the F.I.R. lodged by mother of the appellant, the minor daughter of the informant, victim aged about 17 years was called over telephone by Kamal Singh Bisht on 20.06.2019 at about 05:00 P.M. to come to Hathipaon near Mussoorie by-pass road to meet his friend-Pooja Jagwan; Kamal Sing
A judgment must explicitly formulate points for determination and provide a reasoned analysis of all evidence, including defense testimony. Failure to address the defense case, provide a logical narr....
The need for strong, compelling, and reliable evidence to prove the guilt of the accused in a criminal case, and the distinction between the trial of Sessions case and the trial held before the Judic....
The trial court erred in convicting under both IPC and POCSO Act without sufficient corroborative evidence, violating Section 42 of the POCSO Act regarding sentencing options.
Rape of girl child – Once a victim of rape, particularly, a child is found to be truthful in her deposition, said evidence is adequate to establish charge of commission of offence punishable under Se....
The evidence of a rape victim can be the sole basis for conviction if it is consistent and corroborated, emphasizing the importance of reliable testimony in sexual assault cases.
The main legal point established in the judgment is that charges for distinct offenses must be tried separately unless they fall within the exceptions provided in the Criminal Procedure Code. The con....
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