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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
G.NARENDAR, CJ, SUBHASH UPADHYAY
Deepali Sharma – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
G. Narendar, J.
Heard Mr. Rajendra Dobhal, learned Senior Counsel along with Mr. Aditya Pratap Singh, learned counsel for the petitioner, Mr. Shobhit Saharia, learned counsel for the High Court and Mr. Gajendra Tripathi, learned Standing Counsel for the State of Uttarakhand.
2. This is not only a case of “no evidence”, but a case of a, “carefully crafted edifice without a foundation”. It could also be termed as “a mountain made out of a molehill”. The petitioner has been charged with following misconduct. The charges are extracted with the purpose.
“HIGH COURT OF UTTARAKHAND
NO. /UHC/XV-a-1/Admin/A/2018 Dated: August, 2018
To,
Smt. Deepali Sharma,
Civil Judge (Senior Division), Hardwar.
(Under Suspension)
(Attached to District Pauri Garhwal)
Madam,
While you being posted at Haridwar as Civil Judge (Senior Division), a complaint dated 10.01.2018 was received against you. In the said complaint, it was alleged by the complainant that you were abusing a minor girl child physically, mentally and emotionally and you had kept her as a maid servant in your house who was made to work whole day. It was also alleged that the said girl was taken on exchange from her parents, as you helped her f
The court confirmed the conviction for sexual assault on a minor, emphasizing victim testimony's validity despite minor discrepancies; age precludes capacity for consent.
Inconsistent testimony and delay in formal accusations led to acquittal; simply slapping does not equate to outraging modesty under law.
(1) Penetrative sexual assault on girl child – Evidence of approximate age of victim would not be sufficient to any conclusion about exact age of victim.(2) Medical examination of accused of rape is ....
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The main legal point established in the judgment is the requirement for clear, consistent, and reliable evidence in cases involving allegations of sexual assault, especially when determining the guil....
The court ruled that the prosecution failed to establish foundational aspects of the alleged sexual assault, leading to the acquittal of the appellant.
Summoning of an accused under IPC Section 354 requires clear evidence; unexplained delays and lack of corroborating witnesses render allegations insufficient.
The court ruled that procedures regarding the protection of minors' identities and appropriate investigations must be strictly adhered to, ensuring justice and safeguarding against abuses of power in....
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