case against accused beyond reasonable doubt

2022 CRI. L. J. 2003

AIROnline 2021 SK 69 

(SIKKIM HIGH COURT)

Dilip Goel v. State of Sikkim. Cri. A. No. 3 of 2019, 

D/29-9-2021.

(A) Penal Code (45 of 1860), Ss. 376(2)(i), 342-Protection of Children from Sexual Offences Act (32 of 2012), S. 2(d) - Evi- dence Act (1 of 1872), S. 35- Rape-Age of minor - Accused allegedly sexually as- saulted minor girl aged about 15 years in lodge - Entry made in school admission register remained unproved Father of victim not produced any evidence regard- ing her date of birth nor contents of school register shown to him or maternal aunt of victim minor-Head master of school con- cerned deposing that he did not know on what basis, date of birth of victim was re- corded Failure of prosecution to discharge obligation cast on it to prove its case mbeyond reasonable doubt Held that vic- tim was not minor on date of alleged of- fence. (Para 6 (v))

(B) Penal Code (45 of 1860), Ss. 376(2)(). 342-Protection of Children from Sexual Offences Act (32 of 2012), Ss. 3, 4-Evi- dence Act (1 of 1872), S. 3-Rape-Proof -Accused allegedly sexually assaulted mi- nor girl aged about 15 years in lodge Victim deposing that she was taken away to lodge by accused and there he sexually assaulted her- When he went to attend phone call, she called her aunt who advised her to contact police for help but her call could not be connected and in meanwhile accused returned back and gave Rs. 400/- to her for not informing police Owner of lodge saw victim outside lodge who was told by victim that accused verbally abused her and she was asking for police station - He restrained accused from going out of lodge - Father of victim was called by police stating about incident of FIR not proved Contents Seizure witness un- aware of ownership of articles of clothing - Story of Rs.400/- being given to her by accused to prevent her from reporting matter to police, unbelievable- No proof of use of force by accused on victim duly buttressed by medical examination con- ducted on her which shows no injuries, not only in her genital but also on her person Prosecution failed to establish its case against accused beyond reasonable doubt -Accused entitled to acquittal. (Paras 7 (iii), 7 (iv), 8, 9)