Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
State Of Haryana – Appellant
Versus
Chhattar Pal – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The present appeal has been filed against the judgment of acquittal dated 12.09.2003 passed by the Addl. Sessions Judge, Faridabad.
2. The FIR was registered on 07.03.2000, the judgment of acquittal passed by the Addl. Sessions Judge, Faridabad is dated 12.09.2003, the appeal was filed on 11.12.2003 and the matter is being taken up for hearing now after a period of more than 25 years of the registration of the FIR.
3. The prosecution case is that on 05.03.2000 at about 2.00 P.M. Malho wife of Tej Pal, resident of Immamuddenpur had gone to the forest. When she was cutting wood, the accused came from behind caught hold of her, gagged her mouth and committed forcible sexual intercourse with her. The alarm raised by Malho attracted Desh Raj son of Sullar and Ram Singh son of Sri Chand, both residents of Chandpur, to the spot. When the accused saw them coming, he fled away. The matter was reported to Police Post Chandpur but, instead of taking action, the police scolded Malho. Resultantly, she moved a complaint before the Superintendent of Police on 07.03.2000. The complaint was forwarded to the S.H.O. Police Station Chhainsa whereupon the case was formally
The main legal point established in the judgment is that delay in lodging the FIR, material contradictions in evidence, and enmity between the parties can raise doubts about the prosecution's case, a....
The prosecution must prove the charges beyond reasonable doubt, and appellate courts should be cautious in interfering with acquittals unless based on a perverse appreciation of the evidence.
The main legal point established in the judgment is the requirement for consistency and corroborative evidence in proving criminal charges. The court emphasized the need for witness statements to ins....
For a conviction in a rape case based solely on the testimony of the prosecutrix, such evidence must be corroborated, consistent, and of 'sterling quality'; absence of medical evidence and inconsiste....
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
The prosecution must prove an accused's guilt beyond reasonable doubt, and significant delays or contradictions in testimonies can undermine a conviction.
The consistent testimonies of the prosecutrix, medical evidence, and the heinous nature of the crime were crucial in upholding the conviction of the accused.
Criminal Law - Rape case - Conviction set aside- Sole testimony of the prosecutrix is not of a sterling character and is belied by medical and scientific evidence. As per the material brought on reco....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
