Back
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
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 Judge, Sherghati, Gaya (hereinafter referred to as the ‘learned trial court’) has been pleased to acquit Respondent No. 2 of the charges under Sections 376 , 506 of the INDIAN PENAL CODE (in short ‘IPC’) and Sections 67 and 67A of the Information Technology Act, 2000 in Sessions Trial No. 539 of 2023/1297 of 2023 arising out of Barachatti P.S. Case No. 80 of 2022.
Prosecution Case
4. The prosecution case is based on the Complaint Case No. 61 of 2022 (Exhibit ‘3’) submitted by
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.
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.
The court can base conviction on the sole testimony of the prosecutrix if it inspires confidence, but her testimony must be of sterling quality and free from contradictions and inconsistencies.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The prosecution must prove its case beyond reasonable doubt, especially in cases of heinous crimes like rape, and the testimony of the prosecutrix must be reliable and corroborated with medical and o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
