The appellate court can overturn a trial court's acquittal if the findings are perverse or unsupported by evidence, reaffirming that credible victim testimony can suffice for conviction even without corroboration.

JUDGMENT :

Saumitra Dayal Singh, J.

1. Heard Shri V.P. Srivastava, learned Senior Advocate assisted by Shri Mukesh Kumar Pandey, learned counsel for the respondent and Shri L.D. Rajbhar, learned A.G.A. for the appellant.

2. The present government appeal arises from the order of acquittal dated 08.12.2023 passed by Shri Atik Uddin, learned Additional District and Sessions Judge/F.T.C., Auraiya, in S.T. No. 75 of 2017 ( State of U.P. v. Pushpendra @ Gabbar ), arising out of Case Crime No. 694 of 2016, under Sections 452 , 506 and 376 IPC , Police Station Auraiya, District Auraiya.

3. By that order, the learned trial court has acquitted the accused of the offence alleged under Sections 452 , 506 and 376 IPC , Police Station Auraiya, District Auraiya.

4. The above Sessions Trial emerged on the F.I.R. lodged in above noted Case Crime number. It was lodged on the strength of the Written Report dated 14.09.2016 submitted by 'S' (P.W.-2 at the trial). He is the brother of the victim 'X' (P.W.-1 at the trial). In that Written Report, it was narrated, 'X' aged about 18 years suffered rape by the present accused on 11.09.2016, at around 01:30 p.m. at the residence of the informant side at Awas Vikas Colony, Auraiya (hereinafter described as the 'apartment'). In that, it was disclosed, prior to the occurrence the accused used to make obscene utterances at 'X'. On the day and time of occurrence, he forcibly entered the 'apartment' and forced her to first undress by threatening her with a country made firearm. Upon 'X' calling for help, her younger brother, 'R' intervened. He was pushed out by the accused. Then, rape was committed on 'X'. The Written Report is Ex. Ka-2 at the trial. On that Written Report submitted by P.W.-2, F.I.R. was registered on the same day. It is Ex. Ka-8 at the trial. On such F.I.R. lodged, statement of P.W.-2 was recorded on 16.09.2016. Therein, he disclosed that the accused used to live at Awas Vikas Colony, Kanpur Road, Auraiya. The accused was his neighbor. The 'X' had been engaged to one 'S'. On the date of occurrence, she along with 'S' and her brother 'R' were present in the 'apartment'. At that time, the accused along with 3-4 accomplices forced their entry into the 'apartment' threatening her and her fiance, 'S' with a country made firearm. He forced them to undress and filmed a video of the two, in that nude state. Thereafter, 'S' was made to wear his clothes and leave the 'apartment'. Thereafter, the accused committed rape on 'X'. She lost her consciousness. When she regained her consciousness, she found herself lying at Nainpura in Jalaun. She managed to get back home. There, she narrated the story to her mother. At last, she stated that there pre-existed some quarrel with the accused. That statement is Ex. Ka-9 at the trial. On 15.09.2016, a medico legal examination of 'X' was conducted by Dr. Seema Gupta (P.W.-3 at the trial). It is Ex. Ka-3 at the trial. On the same date/15.09.2016, medical examination report was prepared, upon due examination of the accused, by Dr. Seema Gupta. In that, following injuries were noted:

“(i) Brown colour abrasion present both side of neck. 3 cm x1.5 cm right side. 8 cm below right ear.

(ii) 3 cm x 2.5 cm left side of neck 7.5 cm below (illegible) left ear.

(iii) 6 cm x 3.5 cm Brown's color abrasion present at right buttock 9 cm away from middle.”

5. Further, the following observation was made by the doctor upon medical examination of the 'X' :

“Sign of struggle present, injuries seen over neck and buttock. (illegible) video graphy present. PSA not confirmed.

Pathological and DNA report is awaited.

6. The said report is also Exhibited at the trial. She was also subjected to other examination such as Ultrasound, X-ray etc. However, findings on those tests remained inconclusive. A serological report was also prepared. It did not suggest the presence of spermatozoa-dead or alive. However, it may noted here itself, that sample was drawn on 15.09.2016 i.e. more than 3 days after the occu