Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reasonable doubt.

The instant appeal has been preferred by the appellant/State under Section 378 Cr.P.C. against judgment dated 16.02.2015, passed by learned Special Judge, Shimla, District Shimla, H.P., in Sessions Trial No. 26-S/7 of 2014, whereby the accused (respondent herein) was acquitted from the charges under Sections 376 of the Indian Penal Code (for short ‘IPC’) and under Section 6 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). On 13.04.2014, the prosecutrix (name withheld) alongwith her brother and sister-in-law (Bhabhi) came to Police Post Kupvi and moved an application before the police, wherein she stated that her age was about 17 years and when she was in 8th class, in the year 2011, she left her studies. She further stated that wife of the accused-Raghubir Singh was from her village and the accused, in the month of January, 2014, came to her village and due to snowfall he could not return. The accused also used to visit the house of the prosecutrix and on one day (the date she could not remember), around 07:30 p.m., when she went to the field to attend call of nature, the accused came there. He gagged her mouth, dragged her, and threatened to kill her in case she screamed. Thereafter, the accused committed forcible sexual intercourse with the prosecutrix. As per the prosecutrix, she did not disclose the incident to anyone due to fear of the accused. The prosecutrix stated in her application that she got pregnant and she was carrying the child of the accused. Upon the application, so moved by the prosecutrix, police registered the FIR under the apt Sections and the investigation commenced. During the course of the investigation, the prosecutrix was got medically examined by the police and the doctor opined that she was carrying pregnancy of 13 weeks and two days. On 09.05.2014, on humanitarian ground, MTP (Medical Termination of Pregnancy) of the prosecutrix was done and the products of conception were sealed after packing in a jar and the blood of the victim was also taken. Prosecutrix got identified the place, where she was sexually assaulted by the accused, whereupon the police prepared the spot map. During the course of the investigation, police recorded the statements of the witnesses, obtained the record qua the date of birth of the prosecutrix and completed all the codal formalities. On 18.05.2014 the accused surrendered before the police and he was also medically examined and his blood samples were taken on FTA card for DNA profiling. Statement of the prosecutrix, under Section 164 Cr.P.C., was recorded. After completion of the investigation, police presented the charge-sheet before the learned Trial Court.

3. The learned Trial Court took cognizance against the accused and charges under Section 376 of IPC and Section 6 of the POCSO Act were framed against him. The prosecution, in order to prove its case, examined fourteen witnesses. Statement of the accused under Section 313 Cr.P.C. was recorded, wherein he stated that he was falsely implicated in the instant case. However, he did not examine any witness in his defence.

4. The learned Trial Court, vide impugned judgment dated 16.02.2015 acquitted the accused, hence t