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2023 Supreme(P&H) 1927

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Preeti - Petitioner
Versus
State of Haryana & Anr. - Respondents
CRA-AD No.140 of 2022 (O&M)
Decided On : 25-01-2023

Advocates Appeared:
For the Appellant : Mr. A.K. Sharma.
For the Respondent: Mr. Anmol Malik, DAG, Haryana.

Headnote:(A) Indian Penal Code - Sections 354

(D), 376(2)(N), and 506 - Appeal against acquittal - Challenge to acquittal due to misapprehension of evidence by trial court - Importance of prosecutrix's statement as vital evidence in sexual offences. (Paras 2, 4, 9)

(B) Acquittal - Standard of proof - Appellate court has full power to review, re-appreciate evidence; grounds for disturbing acquittal include substantial or compelling circumstances. (Paras 9, 10)

(C) Credibility of evidence - Continued consensual relationship undermines allegation of coercion; lack of corroborative evidence for key claims related to intoxication and threats. (Paras 11, 14)

(D) Delay in filing FIR - Delay of nearly 7 years impacts credibility and probative value of prosecutrix's statement. (Paras 16, 18)

Facts of the case:
The prosecutrix alleged continuous sexual exploitation under the pretext of marriage by the respondent over several years, culminating in a complaint to the police.

Findings of Court:
The court upheld the acquittal, finding prosecutrix's claims were unreliable due to contradictions in her statements, credible evidence of consensual relations, and delay in reporting.

Issues: Main issues focused on the credibility of the prosecutrix's statement, the nature of their relationship, and the implications of the acquittal.

Ratio Decidendi: The court emphasized that the prosecutrix's uncorroborated claims lacked credibility against the proven long relationship dynamics, and reiterated that acquittal standards are high because of the presumption of innocence.

Result: Appeal dismissed, acquittal upheld.

ORDER :

Kuldeep Tiwari, J.

The instant appeal is directed against the order of acquittal dated 22.12.2021 rendered by learned Additional Sessions Judge, Jind, whereby, the respondent No.2 has been acquitted qua the charges framed against him, under Sections 354(D), 376(2)(N), and, 506 of INDIAN PENAL CODE (hereinafter referred to as "IPC"), in case FIR No.178 dated 31.08.2018, registered at Police Station: Women, Jind, District Jind.

2. The appellant has challenged the order of acquittal, on the averments that the learned trial Court has not appreciated, in its right perspective, the credible evidence as led by the prosecution, whereas, the statement of the prosecutrix (identity of the prosecutrix is withheld in view of provision of Section 228(A) of IPC) (hereinafter referred to as the "prosecutrix"), alone was sufficient to bring home the guilt of the respondent No.2, as the defence has totally failed in its efforts to impeach the veracity of her statement. Reliance has mainly been placed upon the statement of the prosecutrix, on the ground that, in a case involving sexual offences, the statement of prosecutrix does not require any corroboration to prove the commission of such offences by the wrongdoer(s). It is further averred that the statement of a rape victim is to be considered, at par with the statement of an injured victim, and therefore, weighty credence ought to have been imparted to the statement of the prosecutrix by the learned trial Court, whereas, the learned trial Court erred by placing reliance to the minor contradictions to reach at a finding of acquittal, rather, has misdirected itself.

3. Before we deal with the legality of the impugned order of acquittal, it is apt to first deal with the factual aspects of the present case.

FACTUAL MATRIX

4. The prosecution agency was set into motion, upon a complaint (Ex.P5) being moved in Women Police Station, Jind, on 31.08.2018, by the prosecutrix, which reads as under:-

    "I was taking tuition at BNEPC Centre, near Government College, Jind, in the year 2011, and, aforesaid Parmeet used to misbehave with me upon my visit there, to which I objected. He wanted to befriend me and used to follow me. He also used to tell me that he has fallen in love with me. He used to harass me every day and when I tried to move a complaint against him to police, he threatened to commit suicide and to put the blame on me, whereupon, I got frightened. He told me that he cannot live without me, but, I kept on evading him for some day. After a few days, I received a telephonic call, wherein, the caller disclosed himself to be Parveen and told me that Parmeet has consumed spray, and, is admitted in Rohtak Hospital. On the next day, I received telephonic call of Parmeet, who threatened me that if I did not accept his love proposal, he will die. Because such a thing had happened for the first time in my life, therefore, I believed his words and got emotional and I accepted his proposal to save his life. However, his intentions were dishonest from the very beginning and he wanted to blackmail me by making me emotional. After some time, he told me that he wanted to marry me, and, on various occasions, he started putting pressure on me for developing physical relations with him, but, I was not ready for the same before marriage. Parmeet also told me that he cannot marry me before marriage of his elder brother Parveen. Parmeet kept on asking me for physical relation, but, I every time I used to evade him. However, one day in July, 2012, at about 2:00 P.M., Parmeet forcibly took me to a room in his village Siwaha and under the pretext of marriage, he again tried to develop physical relations with me, and, exerted pressure upon me for the same, whereupon, I tried to leave the room but he asked me to leave after having some water. I took 3/4 sips of water, taste of which was somewhat strange, and I started feeling dizzy and thereafter, Parmeet performed sexual intercourse forcibly with me. I was aware to all

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