State v. Akram
Case brief
What is this about?
Appeals by the complainant-mother and the State against the acquittal of the accused for raping a girl aged about seven. The High Court found the trial court's appreciation of evidence perverse, held the child's testimony corroborated and the statutory presumption unrebutted, set aside the acquittal and convicted the accused.
What did the court decide?
Impugned judgment of acquittal set aside; respondent accused convicted for the offences as charged under Section 376 IPC and Section 6 of the POCSO Act.
What the court decided
*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
| Jud | gment reserved on: 01.08.2018 |
||
|---|---|---|---|
| % | Jud | gment delivered on: 08.01.2019 |
|
| + | Crl. A. No.592/ 2 | 018 | |
| CHAND BIBI | Through: | ..... Appellants Mr. Roshan Santhaila and Mr. Chandra Suman Kumar, Advocates |
|
| versus | |||
| STATE & ANR. | Through: |
..... Respondents Ms. Kusum Dhalla, APP for State Mr. Ibad Mushtaq and Mr. Jawad Tariq, Advocates |
|
| + | Crl. A. No.594/ 2 | 018 | |
| STATE | Through: | ..... Appellant Mr. Rajat Katyal, APP for State with Mr. Ashray Behura, Advocate |
|
| versus | |||
| AKRAM | Through: | ..... Respondent Mr. Ibad Mushtaq and Mr. Jawad Tariq, Advocates |
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE I.S. MEHTA
J U D G M E N T
Crl. A. Nos. 592/2018 & 594/2018
Page 1 of 43
VIPIN SANGHI, J.
Issues for consideration
2 issues framed by the court
Whether the trial court's judgment acquitting the accused of offences under Section 376 IPC and Section 6 of the POCSO Act was perverse and liable to be set aside in an appeal against acquittal?
Whether the testimony of the child prosecutrix, despite minor variations, was sufficient to sustain conviction, and whether the accused rebutted the presumption under Sections 29 and 30 of the POCSO A
Parties & counsel
- appellant
Chand Bibi
- appellant
State
- respondent
State
- respondent
Akram
Coram
Case details
As recorded by the court registry
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