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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, RAMESH CHAND MALVIYA
Ruhi Prween D/o Late Mohammad Salim Miyan @ Salim Kuraishi – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. prosecution case and charges against respondent no. 2 (Para 3 , 4 , 5 , 6) |
| 2. arguments regarding trial court's acquittal ruling (Para 8 , 9 , 10) |
| 3. court's assessment of evidence presented (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. witness credibility and independent evidence concerns (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. standards for conviction based on witness credibility (Para 27 , 28 , 29) |
| 6. final decision on the appeal dismissed (Para 30) |
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
1. As prayed, learned counsel for the appellant is permitted to make correction with regard to Police Station Case Number in the first paragraph as well as in the prayer portion of the memo of appeal. Thereafter, the Office is directed to correct its record accordingly.
2. Heard Ms. Surya Nilambari, learned counsel for the appellant, Mr. Parmeshwar Mehta, learned Additional Public Prosecutor for the State and Ms. Aaruni Singh, learned counsel for the Respondent No. 2.
3. This appeal has been preferred for setting aside the judgment of acquittal dated 27.04.2024 (hereinafter referred to as the ‘impugned judgment’) whereby and whereunder the learned Additional District and Sessions
The acquittal of the accused was upheld due to insufficient evidence and inconsistencies in the victim's testimony, demonstrating the high burden of proof required in rape cases.
Acquittal in rape case upheld as prosecutrix testimony lacks sterling quality due to improbabilities, contradictions, unnatural conduct, absence of injuries, failing to inspire confidence despite pot....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The sole testimony of a victim in rape cases must inspire confidence and be consistent; significant inconsistencies can lead to acquittal.
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
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