In the present case, an FIR was filed against the appellant accusing the appellant of having attempted to commit a rape on complainant’s daughter who was a toddler. According to the FIR, the accused was found committing the crime while he went looking for his daughter. The trial court had found him guilty.
The Uttarakhand High Court has ordered the acquittal of a person convicted for sexually assaulting and attempting to rape a toddler because of lack of evidence. The court observed that in criminal cases conviction cases cannot be based upon morality and there must be admissible and credible evidence to base the appeal.
A bench of Justice Narayan Singh Dhanik quashed the conviction while hearing the jail appeal against the trial courts judgement that had convinced to file an appeal under Section376/511 Penal code, 1860 and Section 6 of the POSCO Act and had sentenced him to undergo rigorous imprisonment for ten years. He also had to pay a fine of Rs, 25,000 for the offence under Section 6 of the POSCO Act. The court noticed that there was not enough evidence and the doctor’s opinion is not enough.
The court stated that it is well settled canon of criminal jurisprudence that the prosecution has to prove the charges as the burden of proof lies on him. The doctor had stated that a little redness was present in the outer hymen of the victim and the presence of blood stains was also detected. These evidences lead to an opinion that an attempt to sexual intercourse with the victim was made. Nonetheless, the court declared that this evidence is not enough to convict the accused.