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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, SUSHIL KUKREJA, JJ.
Rajesh Kumar @ Lachhu - Appellant.
Versus
State of Himachal Pradesh - Respondent
Cr. Appeal No. 234 of 2020 a/w Cr. Appeals No. 188 and 360 of 2020
Decided on : 10-09-2024
| Table of Content |
|---|
| 1. appeals are connected to prior convictions. (Para 1 , 2) |
| 2. summary of prosecution's case. (Para 3) |
| 3. evidence presented by prosecution. (Para 4 , 5) |
| 4. defense claims prosecution evidence is false. (Para 6 , 7) |
| 5. credibility of victim's testimony. (Para 8 , 9 , 10 , 11 , 12) |
| 6. legal principles regarding testimony of minors. (Para 13 , 14 , 15) |
| 7. testimony of victims analyzed. (Para 16 , 17) |
| 8. parent testimonies impact case credibility. (Para 18 , 19) |
| 9. medical evidence review. (Para 20 , 21) |
| 10. legal implications of child witness testimonies. (Para 22 , 23) |
| 11. emerging laws on victim testimonies. (Para 24 , 25) |
| 12. contradictions undermine prosecution case. (Para 26 , 27) |
| 13. need for conclusive evidence. (Para 28 , 29 , 30) |
| 14. presumption under pocso act defined. (Para 31 , 32 , 33) |
| 15. analysis of foundational facts. (Para 34 , 35) |
| 16. analysis of charges against accused. (Para 36 , 37 , 38) |
| 17. requirement of intent for accusations. (Para 39 , 40 , 41) |
| 18. prosecution fails to meet burden of proof. (Para 42 , 43 , 44 , 45) |
| 19. court concludes with acquittal. (Para 46) |
| 20. decision issued to release appellants. (Para 47 , 48 , 49) |
JUDGMENT :
Sushil Kukreja, J.
1. Since all these appeals are the offshoots of impugned judgment dated 25.02.2020 and order of sentence dated 04.03.2020, rendered by learned Special Judge Kangra at Dharamshala, District Kangra, H.P. (hereinafter referred to as “the learned Trial Court”), in Sessions Case No. 12-G/VII/2015, they are being taken up together for disposal.
2. The instant appeals have been preferred by the appellants/accused persons/convicts under Section 374 of the Code of Criminal Procedure against the impugned judgment of conviction, dated 25.02.2020, and order of sentence dated 04.03.2020, passed by the learned Trial Court, in Sessions Case No. 12-G/VII/2015, whereby accused persons viz., Rajneesh, Rajesh and Ramesh were convicted and sentenced as under: Convict Rajneesh Sr. No. Offence under Fine In
default of
| Sr. No. | Offence under section | Sentence | Fine | In default of payment of fine |
| 1. | 363 IPC | Rigorous imprisonment (RI) for five years | Rs.5000/- | Simple imprisonment (SI) for three months |
| 2. | 366/120B IPC | RI for ten years | Rs.10,000/- | SI for six months |
| 3. | 4 of POCSO Act | RI for fifteen years | Rs.10,000/- | SI for six months |
| 4. | 3(1)(xii) of ST (Prevention of Atrocities) Act, 1989 | RI for two years | Rs.5000/- | SI for three months |
| 5. | 3(2)(v) of ST (Prevention of Atrocities) Act, 1989 | Life imprisonment | Rs.10,000/- | SI for six months |
Convict Rajesh
| Sr. No. | Offence under section | Sentence | Fine | In default of payment of fine |
| 1. | 363/120B IPC | RI for five years | Rs.5000/- | SI for three months |
| 2. | 366A/120B IPC | RI for five years | Rs.10,000/- | SI for six months |
| 3. | 4 read with Section 17 of POCSO Act | RI for seven years | Rs.5000/- | SI for three months |
Convict Rajesh who remained in police/judicial remand w.e.f. 17.12.2014 to 31.12.2014 was convicted under Section 202 IPC and sentenced to undergo imprisonment already undergone by him. All the appellants prayed that their appeals be allowed and the impugned judgment be quashed and set-aside and they be acquitted.
3. The facts giving rise to the present appeals, as per the prosecution story, can be summarized as under:
3(a). On 13.10.2014, around 08:30 p.m., accused Rajneesh, after conspiring with other co-accused Rajesh, kidnapped the minor victim (name withheld), under the pretext of marrying her, in the vehicle of accused Rajesh, having registration No. HP-01D- 1325, from place Ummar, out of the lawful custody of her parents. Subsequently, accused Rajneesh committed rape with the victim. The father of the victim reported the matter to the police and investigation commenced. During the search operation, both accused Rajneesh and minor victim were found at Jawalamukhi and accused Rajneesh was arrested by the police on 09.12.2014. Police got conducted medical examination of both accused Rajneesh and the victim. Statement of the victim was recorded under Section 164 Cr.P.C on 10.12.2014. On 12.12.2014 police record
Prosecution must establish foundational facts beyond reasonable doubt; mere reliance on victim’s inconsistent testimony is insufficient for conviction.
The need for corroboration of evidence, especially in cases involving child witnesses, and the rebuttable nature of the presumption under Section 29 of the POCSO Act.
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
The testimony of a minor victim in sexual assault cases is sufficient for conviction without corroboration, as long as it is credible and inspires confidence.
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
The consent of a minor girl in case of sexual intercourse is immaterial and amounts to rape.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
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