Indian Penal Code, 1860 – Section 354, 506 Protection of Children from Sexual Offences Act, 2012 – Section 18 – POSCO – Acquittal Valid – Appeal against acquittal – Standard of proof – Presumption of innocence – Criminal trial – Perverse findings – Appeal against acquittal by state – The trial court acquitted the respondent based on various grounds including contradictions in prosecution witness statements, failure to examine key witnesses, unexplained delay in lodging the FIR, and unexplained injuries on the accused. The trial court considered the father’s testimony as the best evidence regarding the victim’s age, preferring it over Panchayat records.
Inconsistencies in prosecution witness statements, coupled with the defence’s assertion that injuries were inflicted by the victim’s family and villagers, cast doubt on the prosecution’s case.
The absence of medical evidence, contradictions in witness testimony, and lack of corroboration led to the conclusion that the prosecution failed to establish guilt beyond reasonable doubt.The appellate court held that no interference with the trial court’s acquittal was warranted as the findings were not perverse, and the accused enjoyed the presumption of innocence. (Para 15)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 346 HP
[2023 HHC 13475]
State Of H.P. Vs. Tilak Raj Alias Ajeet
Cr.MP(M) No. 1911 of 2023-Decided on 23-11-2023
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