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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Tarlok Singh Chauhan, Mr. Justice Sushil Kukreja, JJ
State of Himachal Pradesh – Appellant
Versus
Rahul Sharma – Respondent
| Table of Content |
|---|
| 1. summary of the charges and background of the case. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by both parties regarding the trial. (Para 6 , 7) |
| 3. reflection on the standard of evidence required for conviction. (Para 8 , 17 , 18 , 19 , 20 , 21) |
| 4. analysis of the inconsistencies in the prosecutrix's testimony. (Para 22 , 23 , 24) |
| 5. court's dismissal of the appeal based on lack of merit. (Para 25) |
JUDGMENT :
Sushil Kukreja, J.
The instant appeal has been preferred by the appellant/State under Section 378 Cr.P.C. against judgment dated 02.08.2014, passed by learned Special Judge, Sirmaur District at Nahan, H.P., in Sessions Trial No. 08-ST/7 of 2014, whereby the accused (respondent herein) was acquitted from the charges under Sections 363 , 366, 506, 376 of the INDIAN PENAL CODE (for short ‘IPC’) and under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).
2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:
2(a). The minor victim/prosecutrix (name withheld) was living with her parents at village Majra and she received a call from the accused on the mobile phone of her brothe
The acquittal of the accused was upheld as the prosecution failed to prove guilt beyond a reasonable doubt, guided by the presumption of innocence.
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The presumption of innocence in acquittals requires the prosecution to prove guilt beyond reasonable doubt, which was not established in this case.
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 court established that a victim's testimony, while crucial, must be corroborated; contradictions in the prosecutrix's statements rendered the conviction unsafe.
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