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M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
State of Haryana – Appellant
Versus
Pardeep – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3) |
| 2. argument that victim's statement supports prosecution. (Para 8) |
| 3. court's observations on victim's testimony. (Para 10 , 11 , 12) |
| 4. analysis of evidence consistent with acquittal. (Para 13 , 14) |
| 5. conclusion and dismissal of appeal. (Para 15) |
JUDGMENT
Sukhvinder Kaur, J.
The appellant-State of Haryana has preferred the instant application under Section 378(3) Cr.P.C., 1973 seeking leave to appeal against judgment dated 27.01.2021, passed by learned Additional Sessions Judge Narnaul, vide which respondent/accused-Pardeep has been acquitted.
2. The facts, as per record, which culminated in registration of this case are that on 01.02.2019, the prosecutrix along with her husband got her statement recorded stating therein that on 25.01.2019 at about 8/8.15 P.M., when she came outside her house to discard dirty water, accused gagged her mouth and dragged her to the old house and forcibly committed rape upon her against her wishes. After the said incident, he left her alone with threat of dire consequences. Even after going back home, due to the fear, she did not disclose about the incident to anyone. Five years prior to the a
The decision of the appellate court in an appeal against acquittal must be based on a full review, reappreciation, and reconsideration of the evidence, and the court must bear in mind the double pres....
The importance of corroborating the evidence of the prosecutrix with scientific evidence in cases of rape, and the presumption of innocence in favour of the accused in acquittal appeals.
An order of acquittal is to be interfered with only when there are “compelling and substantial reasons”, for doing so. If order is “clearly unreasonable”, it is a compelling reason for interference.
The evidence in rape cases must inspire confidence and be free from doubt or ambiguities. When two views are possible based on the evidence, the view that favours the accused is to be adopted.
In cases of acquittal, there is a double presumption in favor of the accused, and the appellate court should not disturb the finding of acquittal unless there are substantial and compelling reasons t....
The prosecution must prove its case beyond reasonable doubt, especially in cases of heinous crimes like rape, and the testimony of the prosecutrix must be reliable and corroborated with medical and o....
The prosecution must establish its case beyond reasonable doubt, and inconsistencies in the victim's testimony can lead to acquittal in sexual offence cases.
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