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TARLOK SINGH CHAUHAN, VIRENDER SINGH
State of Himachal Pradesh – Appellant
Versus
Madan Lal – Respondent
JUDGMENT :
VIRENDER SINGH, J.
1. State has preferred the present appeal, under Section 378 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’) against the judgment, dated 2nd May, 2019, passed by the learned Special Judge, Hamirpur, H.P. (hereinafter referred to as ‘the trial Court’).
2. By way of the judgment, dated 2nd May, 2019, the learned trial Court has acquitted the respondents (hereinafter referred to as ‘the accused’) in Sessions Trial No. 7 of 2018, from the charges framed against them, under Sections 376 (2) D, 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’).
3. Brief facts, leading to the filing of the present appeal, before this Court, may be summed up, as under:
3.2. As per the report, under Section 173 (2) of the Cr.P.C. on 8th November, 2017, the Inspector/SHO, Police Station Nadaun, was present at a place known as Anoo, th
The main legal point established in the judgment is the significance of waiting for and considering crucial scientific evidence, such as DNA reports, before making a judgment in criminal cases.
The court emphasized that the guilt of the accused must be proved beyond a reasonable doubt and that DNA evidence should be evaluated in conjunction with other evidence. The court also highlighted th....
The prosecution must establish the identity and age of the victim beyond reasonable doubt in sexual offense cases, particularly involving minors, and the evidentiary value of DNA reports is contingen....
The testimony of a victim in sexual assault cases must be credible, and acquittal is warranted when evidence, such as DNA profiling, undermines prosecution claims.
The court affirmed that acquittal is upheld when prosecution fails to establish charges beyond reasonable doubt, especially concerning the victim's age and identity of the biological father.
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