SARFAESI Act | Sale Certificate Cannot Be Issued In Favour Of A Third-Party Nominee Who Was Not The Auction Bidder: Supreme Court SARFAESI Act | Auction Sale Conducted In Violation Of Mandatory Rules And Subsisting Restraint Order Is Vitiated In Law: Supreme Court Recovery Of Alleged Overpayment From A Separate, Unrelated Contract Without Notice Violates Principles Of Natural Justice: Supreme Court IBC | Adjudicating Authority Has Power To Recall CIRP Admission Order If It Was Obtained Through Fraud Or Collusion: Supreme Court Section 138 NI Act | Presumption Of Service Is Attracted Once Notice Is Dispatched To Correct Address Of Drawer: Supreme Court Operation Of Hookah Bars In Restaurants Constitutes Violation Of Rule 4(3) Of COTPA Rules: Allahabad High Court High Court Cannot Recall Order Passed On Merits Even If Passed Ex-Parte: Bombay High Court Administrative Authorities Cannot Pass Orders Having Civil Consequences Without Meaningful Consideration Of The Affected Employee’s Response: Allahabad High Court Discharge Application Cannot Be Converted Into A 'Mini-Trial' To Assess Evidentiary Sufficiency: Andhra Pradesh High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Allegations Are Falsified By Documents Annexed To Plaint Or Based On Non-Existent Law: Bombay High Court Police Cannot Interfere In Pending Civil Disputes Or Act As Arbitrators In Private Property Conflicts: Andhra Pradesh High Court Contract For Personal Services Between Doctor And Hospital Is Determinable And Not Specifically Enforceable: Calcutta High Court Allegations Of Sexual Offences Cannot Be Quashed Based On Contradictory Evidence Requiring Mini-Trial: Delhi High Court PMLA Adjudication | Failure To Expressly Discuss Every Submission In Written Synopsis Does Not Vitiate Order Under Principles Of Natural Justice: Karnataka High Court Prolonged Separation Of Sixteen Years Constitutes Cruelty Under Special Marriage Act: Kerala High Court Grants Divorce Order XII Rule 6 CPC | Decree Of Possession Can Be Granted On Admissions Even If Relationship Of Landlord-Tenant Is Disputed: Delhi High Court Non-Framing Of Issues Under Order XIV CPC Does Not Vitiate Trial Unless Prejudice Is Proved: Madras High Court Order 47 Rule 1 CPC | Review Jurisdiction Cannot Be Invoked To Cure Failure To Produce Evidence That Was Within Knowledge Of Applicant: Madhya Pradesh High Court Codicil To A Will Must Be Proved Like A Will; Propounder Must Remove All Suspicious Circumstances: Punjab & Haryana High Court Mere Lodging Of Section 498-A IPC Case Not Cruelty: Telangana High Court Sets Aside Divorce Decree Order XVII Rule 3 CPC | Power To Dismiss Suit For Default Of Evidence Is Drastic And Must Be Exercised Sparingly: Punjab & Haryana High Court

POCSO - Upholds Acquittal -Gravity of Offence not Overweigh Legal Proof: Gujarat HC

07 May 2024 8:19 AM

By: Admin


The Gujarat High Court recently rejected the State Government's appeal challenging the acquittal of an individual charged under the POCSO Act for lack of evidence. A bench composed of Justices SH Vora and Rajendran Sareen stated, " "Here in this case, it should be noted that the complainant initially accused the respondent accused of sexually assaulting her victim daughter, and just three or four days later, she accused her own husband of sexually assaulting her victim daughter. Thus, within a span of four days, the complainant presented two contradictory accounts against two different individuals, both of which are based on suspicion and doubt: the present respondent accused and her husband. Therefore, mere suspicion and doubt cannot be regarded as solid and convincing evidence to support the allegations."

The court reiterated that suspicion, regardless of its strength, cannot substitute for proof. Strong suspicion, coincidence, and grave doubt cannot substitute for evidence. It is always the responsibility of the courts to ensure that legal evidence is not viewed with suspicion.

Respondent-Accused was charged with violations of Section 376 of the IPC and Sections 5(F)(M) and 6 of the POCSO Act. Within three to four days, the victim's mother (the Complainant) made allegations against the school bus driver and her husband in this case.

The High Court noted that, according to the doctor, the victim's hymen and perineum were red, but there were no injuries or bleeding. The Doctor acknowledged that the redness could have a variety of causes. It was also noted that the school teacher in charge of the bus service had no knowledge of the incident and had not received any complaints against the accused from parents. The Panchas had also become hostile and did not support the Prosecution's case.

In this context, the court observed that the Complainant had initially accused the bus driver of sexually assaulting her daughter, and then she accused her own husband. Thus, the complainant presented two contradictory accounts within a span of four days. As such, the Bench remarked, "mere suspicion and doubt cannot be regarded as solid and convincing evidence to prove the allegations."

In addition, it was determined that when the complainant took the victim to the hospital, the doctor did not accept the case, and the complainant subsequently went to the police station. The complaint made no mention of this fact. In addition, the Complainant's view that the Accused's conduct was deplorable was not expressed in the complaint or during cross-examination. The allegation that the Accused had a "loose character" was not included in the complaint, but it was included in the deposition.

"This type of enhancement was made by the complainant in her deposition, and it is supported by the investigating officer's deposition. All of the aforementioned facts, as stated by the complainant in her deposition, were not mentioned in her complaint or in her statement. As such, the complainant's dependability and credibility are suspect "declared the Court.

In addition, the Bench did not rule out the possibility of a relationship between the Complainant and the Accused and an issue of settling scores based on previous telephone conversations. Allegations, such as that the victim was sitting on the accused's lap, were not supported by any witnesses, including the daily bus-riding teacher.

Consequently, the Bench determined that the Trial Court had correctly acquitted the Accused and that the Trial Court had not committed any error or acted illegally.

"There is no doubt that the alleged offence is heinous, but the gravity of the alleged offence cannot by itself outweigh the legal proof," it concluded.

D.D:04-07-2022

STATE OF GUJARAT Versus HASMUKHBHAI @ HARSHADBHAI DAHYABHAI MAKWANA

Latest Legal News