Ayasha vs State of Haryana - 2023 Supreme(P&H) 3467

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3467

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

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

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/respon