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.

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 Sectio