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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, SUSHIL KUKREJA
State of Himachal Pradesh – Appellant
Versus
Parveen Kumar – Respondent
| Table of Content |
|---|
| 1. prosecution case: minor abducted, raped by accused. (Para 2 , 3 , 4 , 5 , 6) |
| 2. state urges reversal; defense defends acquittal. (Para 7 , 8) |
| 3. double presumption favors accused in acquittal appeals. (Para 9 , 10) |
| 4. prosecutrix aged 17 years 7 months. (Para 11) |
| 5. rape destroys societal equilibrium. (Para 12) |
| 6. sterling prosecutrix testimony alone suffices for conviction. (Para 13 , 14 , 15 , 16 , 17 , 18 , 20) |
| 7. inconsistent testimony, weak medical evidence create doubt. (Para 19 , 21 , 22 , 23 , 24) |
| 8. no evidence implicates second accused. (Para 25) |
| 9. appeal dismissed; acquittal order upheld. (Para 26 , 27) |
JUDGMENT :
Sushil Kukreja, J.
The instant appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure against the impugned judgment of acquittal dated 06.02.2015, passed by the learned Special Court, Una, District Una, HP, in SCST Case No.2/2013, whereby the accused persons (respondents herein) were acquitted of all the charges framed against them.
2. Brief facts giving rise to the present appeal, as per the prosecution story, are that the prosecutrix (name withheld) alongwith her father and Pradhan of Gram Panchayat, visi
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Acquittal upheld in rape appeal as prosecutrix testimony unreliable due to contradictions, improvements, unnatural non-resistance, absence of injuries, delayed disclosure, and enmity motive, despite ....
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 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 can base conviction on the sole testimony of the prosecutrix if it inspires confidence, but her testimony must be of sterling quality and free from contradictions and inconsistencies.
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....
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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