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RITU BAHRI, ALOK KUMAR VERMA
Victim – Appellant
Versus
Haneef – Respondent
JUDGMENT :
(Per : Shri Alok Kumar Verma, J.) These two Appeals have been filed assailing the judgment dated 21.08.2014, passed by learned IInd Additional Sessions Judge, Haridwar in Sessions Trial No.55 of 2014, by which the respondent-accused has been acquitted of the charge of Section 376 of the Indian Penal Code, 1860 (in short, “IPC”), and Section 506 IPC.
2. The victim (PW1), aged about 24 years, lodged a First Information Report (Ext. Ka.4) through her written information (Ext. Ka.1) that the accused, aged about 62 years, works in exorcism and giving amulets. She had a headache about twelve days ago. She went to the accused for treatment. He took her to a room and committed rape on her. He had threatened to kill her. Due to fear, she told her father and brother about the incident after several days.
3. The First Information Report (Ext. Ka.4) was registered on 30.11.2013 by Head Constable Bala Ram Joshi (PW5). Sub-Inspector Kulwant Singh (PW7) had sent the victim to the hospital for her medical examination. Medical Examination of the victim was conducted by Dr. Deepa (PW4) on 01.12.2013. The victim’s statement was recorded under Section 164 of the Code of Criminal Procedure, 197
The court upheld the acquittal of the accused due to inconsistencies in the victim's testimony and lack of reliable evidence, reinforcing the presumption of innocence.
The judgment underscores the importance of credible evidence and the need for timely reporting in sexual offence cases to ensure justice.
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The central legal point established in the judgment is that the conviction for the offence of rape can be sustained on the sole testimony of the victim if it inspires confidence, but the evidence pre....
In rape cases, a victim's credible testimony can obviate the need for corroboration; if deemed incredible, corroboration becomes essential for a conviction.
The prosecution must prove its case beyond reasonable doubt, and inconsistencies in evidence can lead to acquittal.
The presumption of innocence and the necessity for corroborative evidence are crucial in criminal proceedings, influencing the court's decision to uphold the acquittal.
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.
Murder and rape of minor girl – Law does not make it imperative for prosecution to corroborate its case by adducing medical evidence – When direct evidence inspires confidence, case of prosecution ca....
The direct evidence of the rape was found to be cogently established, and the delay in lodging the FIR was considered reasonable given the circumstances.
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