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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY S.AGRAWAL, RADHAKISHAN AGRAWAL
State of Chhattisgarh, Through the In-charge, Police Station Sitapur, Chhattisgarh – Appellant
Versus
Thurra @ Sukhnath, S/o. Luk Sai – Respondent
| Table of Content |
|---|
| 1. acquittal appeal involves scrutiny of prosecution's evidence. (Para 1 , 2 , 3) |
| 2. state contests trial court's conclusions on evidential grounds. (Para 7) |
| 3. evidence indicates no forcible actions; prosecutrix acted willingly. (Para 10 , 15) |
JUDGMENT :
1. This acquittal appeal filed by the appellant/State arises out of the judgment dated 16.01.2017 passed by the Additional Sessions Judge, F.T.C., Surguja (Ambikapur), C.G. in Sessions Trial No.230/2012, whereby the learned trial Court acquitted respondent No.1- Thurra @ Sukhnath of the charge under Sections 342 , 366 and 376(1) of Indian Penal Code (for short, 'IPC') and respondent No.2- Laxman Korva of the charge under Section 366 (d) of IPC.
3. During investigation, on her consent (Ex.P-2), prosecutrix was sent for medical examination where Dr. S.P. (PW-5) examined her and did not notice any sign of recent forcible sexual intercourse with her nor did find any sign of injury over the body of the prosecutrix either internally or externally and gave her MLC report vide Ex.P-11A. Undergarments of prosecutrix and respondent No.1 were seized vide Exs.P-3 and P-6 respectively. Vide Ex.P-7, motorcycle of respondent No.2- Lax
The presumption of innocence remains strong unless compelling evidence demonstrates otherwise, particularly in cases of acquittal.
The credibility of a prosecutrix's statement is crucial for conviction; inconsistencies and lack of corroboration can lead to acquittal.
The appellate court must respect the presumption of innocence and cannot overturn an acquittal unless it finds that the only conclusion possible from the evidence is guilt beyond a reasonable doubt.
An order of acquittal is to be interfered with only when there are “compelling and substantial reasons”, for doing so. If order is “clearly unreasonable”, it is a compelling reason for interference.
Testimony of minor victim can be the basis for conviction despite medical evidence not supporting the claim.
The importance of a reasonable assessment of evidence and the need for concrete details and consistency in the testimony of the prosecutrix to establish guilt beyond a reasonable doubt.
The evidence in rape cases must inspire confidence and be free from doubt or ambiguities. When two views are possible based on the evidence, the view that favours the accused is to be adopted.
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