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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI, SIDDHARTHA SAH
Safeek Qureshi – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
Since all the appeals arise from common judgment, they are heard together and are being decided by this common judgment.
2. The instant appeals are preferred against the judgment and order dated 21.01.2021, passed in Special Sessions Trial No.53 of 2016, State Vs. Rohit and others , by the court of Special Judge, POCSO/Additional Sessions Judge/FTC, Haldwani District Nainital. By it, the appellants have been convicted under Sections 395 , 376-D, and Section 5 (g)/6 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act). They have been sentenced as hereunder:-
A. Under Section 395 IPC , to undergo rigorous imprisonment for a period of 10 years, with a fine of Rs.10,000/- each. In default of payment of fine, to undergo simple imprisonment for a further period of two months.
B. Under Section 376 -D IPC , to undergo rigorous imprisonment for life with a fine of Rs.20,000/- each. In default of payment of fine, to undergo simple imprisonment for a further period of two months.
C. Under Section 5 (g)/6 of the POCSO Act, to undergo rigorous imprisonment for life with a fine of Rs.20,000/-each. In default of payment of fine, to undergo s
The court established that a conviction cannot rely on identification that lacks corroboration from earlier proceedings, particularly when witnesses could not confidently identify masked assailants.
In prosecutions involving serious charges, the burden lies on the prosecution to establish guilt beyond reasonable doubt, and discrepancies in evidence or lack of corroboration can lead to acquittal.
The main legal point established is the importance of corroborative evidence and the need for a test identification parade to strengthen the reliability of witness identification.
The prosecution's case can be established through circumstantial evidence and witness demeanor despite inconsistencies in testimonies regarding identification, affirming the conviction under relevant....
The reliability of eye-witness testimonies and the test identification parade in establishing the guilt of the accused.
Prosecution must adhere to proper identification procedures; failure to conduct Test Identification Parades and reliance on inadequate evidence can lead to acquittal.
Point of Law : Any outsider or stranger committing a crime of murder, in which event, identification of assailant becomes very critical and crucial but in light of evidences as brought on record, ide....
The central legal point established in the judgment is the importance of reliable eyewitness identification, the admissibility of recovery evidence, and the obligation to disclose crucial reports in ....
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