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RITU BAHRI, ALOK KUMAR VERMA
State of Uttarakhand – Appellant
Versus
Krishna Kant alias Krishna Kafaltiya – Respondent
JUDGMENT :
Alok Kumar Verma, J.
This Government Appeal is directed against the judgment dated 30.06.2015, passed by learned Special Judge (POCSO)/ F.T.C./Additional Sessions Judge, Haldwani, District Nainital in Sessions Trial No.24 of 2014, “State vs. Krishna Kant alias Krishna Kafaltiya”, whereby, the respondent – accused has been acquitted of the charge under Sections 328, 363, 366, 376 read with Section 511, Section 506 of the Indian Penal Code, 1860, Section 8 and Section 12 of the Protection of Children from Sexual Offences Act, 2012.
2. Briefly stated the prosecution case as it emerges from the evidence on record is that the prosecutrix’s father (PW5) informed the police through his written information dated 06.03.2014 (Ext. Ka.5) that his daughter (PW1), aged about 16 years, left her house on 05.03.2014 at around 11:00 a.m. When she was searched, it was found that Krishna Kant alias Krishna Kafaltiya, who ran a dance class, had taken her with him.
3. On the said information (Ext. Ka.5), an FIR (Ext. Ka.2) was registered by Head Constable Nirmal Singh Latwal (PW4) on 06.03.2014 at 00:45 hrs.
4. The mobile phone of the accused was put on surveillance on 11.03.2014. His location wa
The prosecution must establish the age of the prosecutrix to prove statutory offenses; lack of evidence on age and consent led to acquittal.
The credibility and acceptability of evidence, especially regarding the age of a minor, are crucial in cases involving offenses against children.
The acquittal of the accused was upheld as the prosecution failed to prove guilt beyond a reasonable doubt, guided by the presumption of innocence.
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