Preeti vs State of Haryana - 2023 Supreme(P&H) 1927

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1927

SURESHWAR THAKUR, KULDEEP TIWARI
Preeti – Appellant
Versus
State of Haryana – Respondent

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

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 offen