STATE Vs. SABIR

JUDGEMENT

(1.) It is settled law that the presumption of innocence in favour of an accused is reinforced by an order of acquittal and in appeal unless it is shown that the view taken by the learned Trial Judge is perverse and not sustainable on the evidence led at the trial, the Appellate Court would not set aside the verdict of innocence.

(2.) With the aforesaid legal principle in mine we note that the respondent faced a trial for having raped Baby 'T', aged 7 years when the respondent allegedly raped her on August 15, 2010. She deposed in Court on August 18, 2011 when she was aged 8 years.

(3.) Baby 'T' deposed that on August 15, 2010 she was flying a kite on the roof of her house at 2:00 PM and the accused Sabir, to whom she referred to as Chacha, called her saying that her phuphi (paternal aunt) was calling her and she told Sabir that her phuphi was not there at which Sabir told her to bring Kuber (tobacco). She brought the tobacco and as she was going to her house Sabir caught hold of her hand and muffling her mouth took her inside his room. He made her lie on a cot and removed her salwar.