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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
State – Appellant
Versus
Sushil @ Ekka & Ors. – Respondents
Cr.L.P. 449 of 2022, Cr.M.A. 18613 of 2022
Decided On : 28-08-2023
Condonation of delay - Criminal Leave Petition - Code of Criminal Procedure, 1973 - Sections 378(4) - Indian Penal Code, 1860 - Sections 363/342/506/34/376(g) - POCSO Act - Summary: The court allowed the condonation of 868 days delay in filing the Criminal Leave Petition. The petition sought leave to appeal against the acquittal of the accused under various sections of IPC and POCSO Act. The court dismissed the petition.
Fact of the Case:
The State sought condonation of delay in filing the Criminal Leave Petition against the acquittal of the accused on charges of kidnapping and gang rape of a minor girl. The prosecution's case was based on the testimony of the victim and other witnesses. The victim had given contradictory statements and complaints to the police, leading to doubts about the veracity of her testimony.
Finding of the Court:
The court found that the testimony of the prosecutrix was unreliable due to inconsistencies and contradictions. The court concluded that the complaint was an afterthought made under pressure to recover money and jewellery taken by the prosecutrix when she left her home. The accused were acquitted based on the unreliable testimony.
Issues: The key issues revolved around the reliability of the victim's testimony, the inconsistencies in her statements and complaints, and the pressure exerted by her parents to make a false complaint against the accused.
Ratio Decidendi: The court's decision was based on the unreliability of the victim's testimony, as it was rife with inconsistencies and contradictions. The court also considered the sequence of events and the pressure exerted on the victim to make a false complaint, leading to the acquittal of the accused.
Final Decision: The Criminal Leave Petition seeking leave to appeal against the acquittal of the accused was dismissed by the court.
JUDGMENT (Oral)
CRL.M.A. 18613/2022 (Condonation of delay)
1. Vide the present application, the petitioner/State seeks condonation of 868 days. delay in filing the present Criminal Leave Petition.
2. For the reasons and grounds stated in the present application, the application is allowed, the delay of 868 days in filing the present Criminal Leave Petition is allowed.
3. Accordingly, the application is disposed of.
CRL.L.P. 449/2022
4. The present Criminal Leave Petition under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C., 1973') has been filed on behalf of the petitioner/State seeking Criminal Leave to Appeal against the Judgment dated 22.01.2020 whereby the learned Additional Sessions Judge-01, POCSO Act, South-East District, Saket Courts, New Delhi acquitted the accused/respondents Sushil @ Ekka, Jaiveer @ Titu, Lalit and Sunny of the charges punishable under Sections 363/342/506/34/376(g) of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC, 1860') registered vide FIR No. 181/2011 at Police Station Pul Prahalad Pur, New Delhi.
5. The case of the prosecution in nut shell is that in the month of March, 2010, the respondents Sushil @ Ekka, Jaiveer @ Titu, Lalit and Sunny along with one Aditya (not arrested and not charge sheeted) kidnapped the minor girl Ms. A aged about 17 years in a Swift Car from the lawful guardianship of her parents and thereafter took her to Shooting Range Tughlakabad, where they gang raped her and also criminally intimidated her by threatening to kill her in case she disclosed about the incident to anybody.
6. A charge sheet was filed; and the Charges for the offence under Section 363/342/376(g)/506/34 IPC were framed to which the accused/ respondents pleaded not guilty.
7. The prosecution in support of its case examined 20 witnesses, the most material being PW1 Ms. AS the victim, PW2 Ms. PS mother of the victim and PW7 Mr. PS father of the victim. The learned ASJ highlighted the material contradictions and consistencies in the testimony of the victim and the surrounding circumstances and gave benefit to the respondents who were acquitted of all the charges.
8. Aggrieved, the present appeal has been preferred by the State.
9. It is argued by the State wherein it is essentially claimed that the statement of the victim clearly indicts the respondents of having gang raped her. The learned ASJ had also observed that the testimony of the prosecutrix was consistent despite which the respondents have been acquitted. Hence, the leave is sought to appeal against the judgment of acquittal.
10. Submissions heard.
11. The prosecution's case is of gang rape of the minor girl after being kidnapped by the respondents. According to the prosecution the girl went missing on 03.06.2011 in respect of which a complaint was lodged by her father which was registered vide DD No.17A Ex.PW19/A. The father had stated that the prosecutrix who was about 19 years, was found missing from the house when he woke up at 05:00 A.M. On checking, he found that she had taken with her cash in the sum of Rs.25,000/-, one gold necklace weighing about 5 tolas and had also taken 5-6 pairs of new clothes. He suspected that she may have gone with one Lalit S/o Babu Lal who was residing in the lane behind their house. No FIR was registered by the Police on the complaint.
12. Admittedly, two earlier written complaints had been given to the SHO, P.S. Pul Prahladpur by the victim herself. Her first complaint dated 03.03.2011 Ex.PW1/DB mentioned that she had no complaints and she did not want to keep any connection with any boy and on this matter she had an altercation with her mother. However, in future in case anything wrong happens to her, her family would not be responsible for it. The prosecutrix again had given a complaint dated 27.04.2011 Ex.PW1/DC to similar effect, wherein she had stated that her brother and father suspected that she meets one Lalit W/o Babu Lal Tentwala. Tho
The central legal point established in the judgment is the importance of reliable and consistent testimony in criminal cases, and the court's reliance on the same to determine the guilt or innocence ....
The main legal point established in the judgment is the requirement for consistent and reliable testimony, corroborative evidence, and compelling circumstances to overturn an acquittal in cases invol....
The central legal point established is the requirement for the prosecution to prove the charges against the accused beyond reasonable doubt, including reliable identification and corroborating eviden....
In cases of acquittal, there is a double presumption in favor of the accused, and the appellate court should not disturb the finding of acquittal unless there are substantial and compelling reasons t....
The prosecution failed to establish beyond reasonable doubt the charges of kidnapping and rape against the accused, as evidenced by contradictions in the victim's testimony and lack of corroborative ....
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
The principle of proving offences beyond reasonable doubt and the significance of inconsistencies in witness testimony in criminal cases.
The prosecution must prove the age of the minor and sustain credibility in evidence, and failures in these aspects lead to acquittal.
The duty of the appellate court to reappreciate the evidence in cases of acquittal and the need for reliable and trustworthy testimony, corroborated with medical evidence and testimony of other witne....
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