Courts exercise their powers under the Cr.P.C., including Sections 386 and 378, to evaluate evidence and determine guilt or innocence. Acquittals often result from perceived evidentiary inconsistencies or credibility issues with minors’ testimonies THE STATE OF MADHYA PRADESH vs BHAGWAN SINGH AHIRWAR - Madhya Pradesh, State of Kerala Rep. by the State Public Prosecutor, High Court of Kerala VS Madhu @ Kutti Madhu S/o Manikandan - Crimes.
Reasons for Acquittal
Some judgments highlight that earlier acquittals do not bar subsequent prosecutions or proceedings under different sections or charges 1 JITHIN JOY vs STATE OF KERALA - Kerala.
Appellate Interventions
In certain cases, appeals against acquittal were dismissed, upholding the original judgments based on the evidence presented D/o Karamveer Singh VS State of Rajasthan - Rajasthan.
Legal and Evidentiary Issues
References:
- THE STATE OF MADHYA PRADESH vs BHAGWAN SINGH AHIRWAR - Madhya Pradesh
- State of Kerala Rep. by the State Public Prosecutor, High Court of Kerala VS Madhu @ Kutti Madhu S/o Manikandan - Crimes
- State of Kerala Rep. by the State Public Prosecutor, High Court of Kerala VS Madhu @ Kutti Madhu S/o Manikandan - Kerala
- STATE OF KERALA vs MADHU @ KUTTI MADHU,S/O MANIKANDAN - Kerala
- STATE OF KERALA
vs
MADHU @ KUTTI MADHU, - Kerala
- 1 JITHIN JOY vs STATE OF KERALA - Kerala
- D/o Karamveer Singh VS State of Rajasthan - Rajasthan
- ANSARUDEEN @ ANSAR vs STATE OF KERALA - Kerala
- James VS State, Rep. by, The Inspector of Police, Salem - Madras
- Nageshwar VS State of Madhya Pradesh - Madhya Pradesh
(A) Criminal Procedure Code, 1973 - Section 378 - Protection of Children from Sexual Offences Act, 2012 - Acquittal of the accused ... ... ... Issues: Validity of the acquittal in light of evidentiary inconsistencies and the minors’ credibility. ... ... ... Findings of Court: ... The acquittal was based on thorough evaluation of evidence, with no proof of guilt established by ... an....
in all these cases—This Court is bound to exercise its powers under Section 386 of Cr.P.C. to set aside order of acquittal in each ... (Para 1) (B) Protection of Children from Sexual Offences Act, 2012—Section 5(n) read with Section 6—Indian ... (Paras 79,94, 99 and 105) (C) Indian Evidence Act, 1872—Section 165—Questioning by Court—....
Act, 2012- Section 7 read with Section 8 and Section 5(l), (m) and (n) read with Section 6 - Invocation of powers of trial Judge-Investigating ... prosecuted only through a public prosecutor appointed under Section 24 of Cr.P.C-The cases under the POCSO Act, especially perpetrated ... The Code of Cr....
, 2012 - Sections 7, 8, 5(l)(m)(n), and 6; Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections ... (A) Indian Penal Code, 1860 - Sections 450, 354, 376(2)(f)(i)(n), 377, 305 and 306; Protection of Children from Sexual Offences Act ... ... ... Result: Appeals allowed; judgments of acquittal set a....
Child Abuse - Child Protection - IPC, POCSO Act, Cr.P.C. - The judgment outlines severe flaws in the investigation and prosecution ... Final Decision: The appellate court set aside the acquittal judgments and ordered retrials for all accused in the respective ... cases. ... 376(2)(i) and (n), 377, 305 and 354 IPC, Section 5(l) read with Section 6 and Section ....
(A) Indian Penal Code - Sections 363, 370(2)(4), 370A(1), 376, 376(2)(i), 376D r/w Section 34 - Protection of Children from Sexual ... Offences Act - Sections 4 r/w Section 3(a), 6 r/w 5(g), 17 r/w 16 - Quashing of proceedings - Petitioners sought to quash proceedings ... ' acquittal in earlier cases does not preclude the prosecution in the current cas....
Final Decision: The court dismissed the victim's appeal and the State's criminal leave to appeal application, upholding the acquittal ... 2)(F) READ WITH SECTION 120B & 109, 376(D), 506/34, 509/34, 109/120B - SUMMARY Fact of the Case: The victim, a minor ... of the IPC and Sections 5(f)/6, 5(g)/6, 7/8 read with Section 17 of the POCSO Act, 2012. ... o....
Section 376 of the IPC and Section 3(a) r/w Section 4 of the POCSO Act.
appellant under Section 6 of POCSO Act - But learned trial Judge has framed charges only under Sections 8 and 10 of POCSO Act, 2012 ... - For better appreciation Sections 7, 8, 9 and 10 of POCSO Act is extracted - Whoever, with sexual intent touches the vagina, penis ... under #HL_....
POCSO Act - Conviction under Section 7/8 - POCSO Act - [POCSO Act] - [Section 7, Section 8] - The court discussed the testimonies ... 7/8 of the POCSO Act. ... 7/8#....
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