Back
RITU BAHRI, ALOK KUMAR VERMA
State of Uttarakhand – Appellant
Versus
Sudesh – Respondent
JUDGMENT :
Alok Kumar Verma, J.
This Government Appeal is directed against the judgment dated 06.06.2015, passed by learned Additional Sessions Judge/F.T.C./ Special Judge (POCSO), Rudrapur, District Udham Singh Nagar in Special Sessions Trial No.128 of 2014, “State vs. Sudesh”, whereby, the respondent-accused has been acquitted of the charge under Sections 376, 328, 506, 452 of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012.
2. In short, the prosecution case is that a written information (Ext.Ka.1) was given by the informant (PW1) to Sub-Divisional Magistrate, Kashipur, District Udham Singh Nagar on 10.04.2014 that she is a member of Scheduled Caste. She is a sweeper in Children Academy School. Her husband (PW3) is a sweeper in Bank of Baroda. They had gone to their work place at 9 a.m. on 29.03.2014. Her 16 year old daughter (PW2) was alone in the house. Her neighbor Sudesh, aged about 60 years, entered her house and raped her daughter after giving her intoxicating pills. He threatened her daughter that if she told this to anyone, he would kill her and fled from the spot. When she and her husband returned home at 04.00 p.m., th
The judgment underscores the importance of credible evidence and the need for timely reporting in sexual offence cases to ensure justice.
The presumption of innocence and the necessity for corroborative evidence are crucial in criminal proceedings, influencing the court's decision to uphold the acquittal.
The prosecution must prove its case beyond reasonable doubt, and inconsistencies in evidence can lead to acquittal.
The court upheld the acquittal of the accused due to inconsistencies in the victim's testimony and lack of reliable evidence, reinforcing the presumption of innocence.
The prosecution must establish its case beyond reasonable doubt, and inconsistencies in the victim's testimony can lead to acquittal in sexual offence cases.
The decision of the appellate court in an appeal against acquittal must be based on a full review, reappreciation, and reconsideration of the evidence, and the court must bear in mind the double pres....
In rape cases, a victim's credible testimony can obviate the need for corroboration; if deemed incredible, corroboration becomes essential for a conviction.
In criminal law, the prosecution must prove guilt beyond a reasonable doubt; any doubt benefits the accused.
The prosecution must establish the age of the prosecutrix to prove statutory offenses; lack of evidence on age and consent led to acquittal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
