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TARLOK SINGH CHAUHAN, VIRENDER SINGH
State of Himachal Pradesh – Appellant
Versus
Vinod Kumar – Respondent
JUDGMENT :
Virender Singh, J.
By way of present application, the applicant-State has sought the permission to assail the judgment of acquittal dated 01.04.2022 passed by the learned Additional Sessions Judge, Sarkaghat, District Mandi, H.P. (hereinafter referred to as the ‘learned trial Court’) in Sessions Trial No. 29/21/14.
2. By way of judgment of acquittal, the learned trial Court has acquitted the respondent (hereinafter referred to as the ‘accused’) for the offence punishable under Sections 451, 354, 354A & 376 of the Indian Penal Code.
3. The requisite leave to appeal has been sought on the grounds that the applicant is having a good and arguable case and there is every possibility that the appeal filed by the State will be accepted by this Court. The judgment of acquittal is also stated to be against the law and facts on record and the same has been passed by the learned Additional Sessions Judge on surmises and conjectures.
4. On all these submissions, a prayer has been made to allow the application, by granting leave to appeal against the judgment of acquittal.
5. Record has been perused.
6. The prosecution story, as divulged from the record, is that on 28.01.2018 at about 7.00
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.
The credibility of a prosecutrix's statement is crucial for conviction; inconsistencies and lack of corroboration can lead to acquittal.
The presumption of innocence remains strong unless compelling evidence demonstrates otherwise, particularly in cases of acquittal.
The sole testimony of a victim in rape cases must inspire confidence and be consistent; significant inconsistencies can lead to acquittal.
The prosecution must prove its case beyond reasonable doubt, and contradictions in witness statements and lack of supporting medical evidence can weaken the case.
The prosecution must prove its case beyond reasonable doubt, and the judgment of acquittal should not be interfered with unless it is perverse.
The appellate court upheld the acquittal, emphasizing that the presumption of innocence remains unless clear evidence of guilt is established, and it should not interfere with the trial court's findi....
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