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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, SUSHIL KUKREJA
State of Himachal Pradesh – Appellant
Versus
Sunil Khan – Respondent
| Table of Content |
|---|
| 1. appeal against trial court rape acquittal. (Para 1 , 2 , 3 , 4 , 5) |
| 2. (Para 6 , 7) |
| 3. cautious appellate review of acquittals. (Para 8 , 9) |
| 4. prosecutrix credible testimony suffices without corroboration. (Para 10 , 11 , 12 , 13 , 14) |
| 5. reject improbable prosecutrix story. (Para 15) |
| 6. prosecutrix version assessed for sterling quality. (Para 16 , 17) |
| 7. testimony unreliable due to improbabilities, contradictions. (Para 18 , 19 , 20 , 21 , 22) |
| 8. acquittal upheld; appeal dismissed. (Para 23 , 24) |
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 02.02.2015, passed by the learned Sessions Judge, Una, District Una, H.P., in Sessions Trial No. 8 of 2014, whereby the accused (respondent herein) was acquitted under Sections 376 and 506 of the Indian Penal Code (for short “IPC”).
2. Brief facts giving rise to the present appeal, as per the prosecution story, are that on 01.09.2013 the prosecutrix/victim (name withheld) got lodged a complaint at Police Station, Bangana, wherein she alleged that her husband was labourer and on 31.08.2013,
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