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2023 Supreme(P&H) 3467

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Ayasha – Appellant
Versus
State of Haryana & Anr. – Respondents
CRM-A-658 of 2019
Decided On : 09-02-2023

Advocates Appeared:
For the Appellant :Mr. Naamparkash Singh Sandhu, Advocate.
For the Respondent: Mr. P.P.Chahar, DAG, Haryana.

Headnote:(A) Indian Penal Code - Sections 376(2)(n) and 506 - Acquittal in sexual assault case - The trial Court acquitted the accused owing to lack of corroborative evidence; however, appellate considerations allow for re-evaluation of evidence. The statement of the prosecutrix was deemed unreliable due to material contradictions and significant delay in reporting the offence. (Paras 8-14)

(B) Acquittal - Presumption of innocence - The appellate court must respect the trial Court's decision unless substantial reasons exist to interfere. The order of acquittal was not found vitiated by gross perversity. (Paras 9, 14)

Facts of the case:
The appellant challenged an acquittal order involving allegations of sexual assault made by the prosecutrix against a relative, which the trial Court found insufficiently substantiated due to contradictions and lack of supporting testimony.

Findings of Court:
The appellate court upheld the trial Court's acquittal, finding no merit in the appeal and stating that the order of acquittal was justified.

Issues: Whether the prosecutrix was subjected to repeated sexual assault, and whether there was sufficient evidence to overturn the acquittal.

Ratio Decidendi: The court concluded that the statement of the prosecutrix could not stand alone due to unresolved discrepancies and the absence of coherent corroboration.

Result: Application for leave to appeal is declined.

Table of Content
1. leave to appeal against acquittal application presented. (Para 1 , 2)
2. factual matrix and investigation proceedings detailed. (Para 4 , 5 , 6 , 7)
3. court can re-appreciate evidence in appeal. (Para 8 , 10)
4. principles for reviewing acquittal elucidated. (Para 9 , 11)
5. credibility of prosecutrix's statement questioned. (Para 12 , 13 , 14)
6. application declined; acquittal upheld. (Para 15 , 16)

JUDGMENT

Kuldeep Tiwari, J.

The instant application, seeking grant of leave, is directed against the order of acquittal dated 26.10.2018, rendered by learned Additional Sessions Judge, Fast Track Court, Faridabad, whereby, the respondent No.2 has been acquitted from the charges framed against him, under Sections 376(2)(n) and 506 of INDIAN PENAL CODE (hereinafter referred to as "IPC"), in case FIR No.55 dated 06.04.2017, registered at Police Station Women, Faridabad.

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 cogent evidence as led by the prosecution, whereas, the statement of the prosecutrix (identity of the prosecutrix is withheld in view of provisions 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. Reliance has mainly been placed upon the statement of the prosecutrix, to aver that, in a case involving sexual offences, the statement of prosecutrix is self-sufficient, and, the same does not warrant any corroboration from any quarter for basing the conviction of the wrongdoer/respondent No.2. It is further averred that the learned trial Court has gravely erred in recording the order of acquittal, on the ground that, there is no corroborative evidence to substantiate the allegations of the prosecutrix. Moreover, the case of the prosecution stands fully supported and established from the testimony of Juber (PW3), husband of the prosecutrix, however, the learned trial Court did not take into consideration his statement, in its right perspective. Reliance has further been placed upon the statement of Dr. Bishanwati (PW11), who had medico-legally examined the prosecutrix, to buttress the allegations qua commission of repeated sexual intercourse with the prosecutrix, by the respondent No.2.

3. Before dealing with the legality of the impugned order of acquittal, it is apposite to first examine the factual aspects of the present case.

Factual Matrix

4. The prosecution has set up a case against the respondent No.2 that he subjected the prosecutrix to repeated sexual assault under the threat to viralize her obscene photographs, which he captured while she was taking bath. The prosecution case unfolds from the statement of prosecutrix, Ex.PA, which she suffered at Police Station: Women Cell, NIT, Faridabad, in the presence of her husband, and, legal aid counsel Ms. Poonam Saini (PW10), which is extracted hereunder:-

    "Stated that I am resident of above address. I do work at home. I got married with Zuber son of Rahim Baksh in year 2015. Who live in Rajiv Colony, NIT, Faridabad. About one and a half years before my marriage Tamir son of Hajim Hakim resident of Fatehpur Taga, age 28 years, who is son of my uncle came to my house and shown me my photo while bathing. On seeing that I became frightened and started crying and said that delete this photo then he said, do as I say. In this manner after extending threats, he committed wrong act with me on 12th September 2016 at about 4/5 O'c lock. I disclosed this matter to my mother and brother Sabur. But they also favoured Tamir. Even after marriage when I used to visit my village Fatehpur Taga then also he used to do wrong act with me and used to threatened me that not to disclose it to anyone otherwise I will kill you. When my son Simran was born on 31st January, 2017 then also after delivery he threatened me on phone and asked me to come otherwise I will disclose all about it to your

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