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SHEEL NAGU, ANAND PATHAK
State of Madhya Pradesh – Appellant
Versus
Santosh Kushwah – Respondent
ORDER :
Anand Pathak, J.
1. This is an application by State seeking leave to appeal under Section 378(3) of the Code of Criminal Procedure, 1973 against the judgment dated 06-03-2020 whereby the respondents/accused namely Santosh Kushwah and Bhura alias Ramkrishna have been acquitted by the trial Court in SST No. 93/2015 for offence under Section 376(D) of IPC and Section 5(g)/6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act').
2. Precisely stated facts of the case are that as per the contents of FIR on 22-04-2015 at 9:15 pm the prosecutrix (PW-4) lodged the report against accused persons to the effect that when in the night, she went to answer the call of nature then accused persons appeared on the spot, dragged her to their home, girded her limbs and committed rape over her. Later on FIR was registered and after medical examination investigation carried out and charge-sheet was filed.
3. Before the trial Court, points for consideration were age of prosecutrix as well as the allegations of rape. After considering the relevant documents and evidence in this regard, trial Court found the age of prosecutrix about 16 years and found
The presumption of innocence in favor of the accused and the limited scope of interference in appeal against acquittal.
The appellate court upheld the acquittal, emphasizing that the presumption of innocence remains unless clear evidence of guilt is established, and it should not interfere with the trial court's findi....
Inconsistencies in the victim's statements and lack of corroborative evidence can lead to the acquittal of the accused in sexual assault cases.
The prosecution must prove its case beyond reasonable doubt, especially in cases of heinous crimes like rape, and the testimony of the prosecutrix must be reliable and corroborated with medical and o....
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