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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, SUSHIL KUKREJA
Urmila Devi – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. prosecution alleges conspiratorial rape with repeated threats. (Para 1 , 2 , 3 , 4) |
| 2. parties contest trial court's evidence appreciation. (Para 5 , 6 , 7) |
| 3. acquittal review requires double innocence presumption. (Para 8) |
| 4. reliable prosecutrix testimony suffices without corroboration. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. witnesses recount prosecutrix rape allegations. (Para 15 , 17 , 18 , 19) |
| 6. contradictions, improbabilities render testimony unreliable. (Para 20 , 21 , 22 , 23 , 24) |
| 7. unreliable evidence precedents support acquittal. (Para 25 , 26) |
| 8. false rape claims demand proof beyond doubt. (Para 27) |
JUDGMENT :
Sushil Kukreja, Judge
The instant appeal has been preferred by the appellant/victim/prosecutrix under Section 372 Cr.P.C. against judgment, dated 25.04.2014, passed by learned Additional Sessions Judge (1), Una, H.P., in Sessions Case No. 10 of 2013, dated 25.04.2014, whereby the accused persons (respondents No. 2 and 3 herein) were acquitted from the charges under Sections 376 and 506 of the Indian Penal Code (for short ‘IPC’).
2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:
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 ....
Acquittal in rape case upheld as prosecutrix testimony lacks sterling quality due to improbabilities, contradictions, unnatural conduct, absence of injuries, failing to inspire confidence despite pot....
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
Acquittal in sexual assault case upheld on appeal as prosecutrix's testimony lacked sterling quality due to inconsistencies, voluntary conduct, absent corroboration, and doubtful medical evidence ind....
The acquittal of the accused was upheld as the prosecution failed to prove guilt beyond a reasonable doubt, guided by the presumption of innocence.
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 conviction for rape based solely on the prosecutrix's testimony was quashed due to inconsistencies and lack of corroborative evidence, emphasizing the need for reliable and corroborated testimony....
Hon’ble Supreme Court has held that in the cases where there are serious doubts regarding the sexual intercourse, the benefit of doubt has been provided upon the accused.
The testimony of the prosecutrix in sexual offense cases requires cautious scrutiny, and conviction cannot be based solely on suspect testimonies without corroborative evidence.
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