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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN, J
State – Appellant
Versus
Lalit – Respondent
JUDGMENT :
1. The present petition is filed seeking leave to appeal against the judgment dated 14.08.2019 (hereafter ‘impugned order) passed by the learned Additional Session Judge (‘ASJ’), Rohini Courts, Delhi in SC No. 57556/2016 whereby the respondent was acquitted in FIR No. 132/2013 of the offences under Sections 376/452/506 of the Indian Penal Code , 1860 (‘ IPC ’)
2. The FIR was registered on a complaint given by the prosecutrix alleging that her husband was away to the village, in the evening of 13.03.2013, the accused came to prosecutrix and closed down the shutter and dragged her in the last room of the shop and then committed rape. It is alleged that she raised noise, however, nobody outside the shop heard her scream since the shutter was closed.
3. By the impugned order, the learned ASJ acquitted the respondent of the charged offences. The learned ASJ noted that the prosecutrix deposed that she and her husband were engaged in the business of filling of quilts and mattresses and had taken a shop on rent. It was noted that as per the deposition of the prosecutrix the respondent was a resident of the same village, and used to ‘chhedkhani’ with her. The prosecutrix deposed tha
The sole testimony of a victim in rape cases must inspire confidence and be consistent; significant inconsistencies can lead to acquittal.
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corrobor....
Credible testimony of the victim can support a conviction if it is reliable, yet inconsistencies and lack of corroboration undermine allegations of sexual assault, leading to acquittal.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
The need for corroboration and the principle of proving the victim's statement on the principle of probability in cases of sexual offences.
The evidence of a prosecutrix must be credible and consistent for a conviction in rape cases; contradictions and lack of supporting evidence can lead to acquittal.
Point of Law : Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on th....
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