The prosecution must prove its case beyond reasonable doubt, and contradictions in witness statements and lack of supporting medical evidence can weaken the case.

JUDGMENT

1. This acquittal appeal has been preferred against the judgment dated 17.10.2019 passed by the learned Additional Sessions Judge, Udhampur (hereinafter to be referred as the trial court) in file No. 87/Sessions, titled, State vs Sandoor Singh, whereby the respondent has been acquitted of the charge for commission of offences under sections 450, 376 and 342 RPC.

2. The present appeal has been filed by the appellant-State (Now Union Territory) on the ground that the learned trial court has not appreciated the evidence in its right perspective and as per the statement of prosecutrix, she was raped by the respondent but still the learned trial court acquitted the respondent.

3. Mr. R. S. Jamwal, learned AAG representing appellant has vehemently argued that there is abundant evidence on record that warranted the conviction of the respondent but the learned trial court has not appreciated the evidence in its right perspective and acquitted the respondent.

4. We have perused the record.

5. The brief facts are that the prosecutrix accompanied with her husband lodged a written report on 10.11.2018 at 2.30 PM stating therein that on 05.11.2008 at about 2 PM, she was working in her house and respondent suddenly entered inside her residential house and closed the door. He caught hold of her and she raised alarm but no one heard. Accused broke the string of her Salwar and committed rape upon her twice and thereafter he went away. Her husband had gone to Lakhanpur, Kathua whereas her children had gone to the school. Today her husband returned back to the house and accordingly she disclosed the incident to him. Pursuant to the said application, FIR No. 25/2008 for the commission of offences under sections 376 and 342 RPC was registered and during the course of investigation, Investigating Officer prepared the site plan and got the prosecutrix medically examined and also seized her clothes. Statements of the witnesses were recorded and medical report was also obtained. After conclusion of the investigation, charge sheet for commission of offences under sections 376, 342 and 450 RPC was filed before the learned trial court and thereafter the same was committed to the court of Sessions and thereafter, the case was transferred to the learned trial court.

6. The prosecution has examined as many as 7 witnesses. Before examining the contention of Mr. R. S. Jamwal, learned AAG, we deem it proper to observe that in an appeal against the acquittal, the only exercise that is to be undertaken by the appellate court is to find out as to whether the opinion formed by the learned trial court while acquitting the respondent is plausible/possible one and if it is so, then no interference is warranted. Taking this principle into mind, we will examine the contentions raised by Mr. R. S. Jamwal.

7. PW-1 (Prosecutrix) stated that one and half years ago, she was working inside her cattle room. Accused entered inside her house and closed the door. He gagged her mouth with a cloth and she fell down on the ground. He caught hold of her from the breast and committed forcible rape upon her for two minutes. At that time she was all alone at the house, as her children had gone to the school and the time was 2 PM. After that she asked her son to make a telephonic call to her husband as he was working at Lakhanpur. Her husband returned back after 5/6 days and thereafter, lodged a report. Police got her medically examined and visited her house. Police seized her Salwar and underwear. Seizure memo was prepared and she proved the seizure memo.

8. During cross examination, she stated that the father of the accused is her neighbour. Accused was born after her marriage. She has three children. Her elder daughter was married. At the time of occurrence, she was cleaning the cow dung. First of all accused caught hold of her from the hair and dragged her. She sustained injuries on her back and her shirt was torn. She did not raise alarm when accused dragged her. However, she was