Protection of Children from Sexual Offences Act, 2012
Section 6 and Section 342 of IPC—Aggravated penetrative sexual assault and wrongful confinement—Conviction and sentence—Prosecutrix alleged that the appellant committed “galat kaam” on her on three occasions, however, there are glaring infirmities in her statements—Admitted fact that there was a monetary dispute between appellant and brother of the prosecutrix—In view of the fact the testimony of the prosecutrix does not inspire confidence due to the varying versions and there is no corroboration to her testimony, rather the evidence on record does not rule out planting of appellant’s semen on the pyjami of the prosecutrix, the MLC of the prosecutrix shows that she was beaten before her statement was recorded, the High Court finds that the prosecution has failed to prove its case beyond reasonable doubt, the benefit of which must go to the appellant—Impugned judgment of conviction and order on sentence is set aside—Appeal allowed.
[Para 19]
Decision : Appeal allowed