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
| 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:-
Chandrappa v. State of Karnataka
The need for credible and consistent evidence in cases involving sexual assault, and the requirements for raising statutory presumptions under the POCSO Act.
The main legal point established in the judgment is that the testimony of the prosecutrix and other prosecution witnesses must be trustworthy and free from material contradictions and inconsistencies....
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
Acquittal in rape case upheld as prosecutrix testimony lacks sterling quality due to improbabilities, contradictions, unnatural conduct, absence of injuries, failing to inspire confidence despite pot....
The importance of a reasonable assessment of evidence and the need for concrete details and consistency in the testimony of the prosecutrix to establish guilt beyond a reasonable doubt.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.