IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: September 11^th, 2025 State of Punjab .....Appellant Versus Sanjay Kumar .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL HON'BLE MR. JUSTICE H.S. GREWAL Present: Mr. H.S. Deol, Senior Deputy Advocate General, Punjab, for the appellant.

Mr. Roshneel Singh Brar, Amicus Curiae for the respondent.

MANJARI NEHRU KAUL, J.

The instant appeal has been filed by the State assailing the judgment dated 08.09.2003 passed by learned Additional Sessions Judge, Rupnagar, acquitting respondent-accused-Sanjay Kumar (hereinafter referred to as ‘accused’) of charges under Sections 376 and 458 of the IPC.

2. The challenge by the State is premised on the argument that the trial Court misdirected itself in law and in appreciation of evidence, while the learned amicus curiae for the accused contends that the acquittal is based on sound reasoning and ought not to be interfered with. The case originates from FIR No.80 dated 04.05.2001 registered at Police Station Ropar, lodged on the statement of Ishwar Singh (PW-1). He alleged that on the intervening night of 2^nd and 3^rd of May, 2001, while he and his brother Shiv Ji were admitted in the hospital, the accused-Sanjay Kumar entered his house and attempted to sexually assault his 9 year old daughter ‘XXX’ (PW-6) (hereinafter referred to as ‘victim’). On her raising alarm, his neighbor Satya Devi rushed to the spot, and the accused fled.

3. The victim was medically examined: no injuries were found but swabs, which were sent to the Chemical Examiner, tested positive for semen. The accused thereafter was arrested and medically examined. On completion of investigation, challan was presented and trial ensued.

4. In support, the prosecution examined 11 witnesses, including the complainant who appeared as PW-1, wife of complainant, who appeared as PW-2 and the victim herself, who appeared as PW-6.

5. In his statement recorded under Section 313 of the Cr.P.C., the accused denied all the allegations and pleaded innocence.

6. In support, the accused examined three witnesses including DW-2, Shiv Ji (brother of the complainant), who supported the plea of alibi of the accused by stating that the accused was with him in the hospital on

03.05.2001 till 6:00 AM.

7. The learned trial Court, after considering the evidence, recorded the following findings:

• the testimony of the victim and her parents contained material improvements over earlier statements;

• the FIR in question was lodged after unexplained delay of nearly two days;

• the independent and natural witness, namely Satya Devi and the elder sister of the victim, were withheld;

• medical evidence did not corroborate the allegations; there were no injuries on the victim, and the hymen was intact. The semen detected as per the Chemical Examiner's report (Exhibit PN)

was not linked to the accused;

• the plea of alibi was substantiated by the records of the hospital.

7A. On these grounds, the accused was acquitted.

8. Learned counsel for the State advanced the following arguments before us:

(i) Reliability of the victim-it was contended that the testimony of the victim (PW-6) was natural, consistent, and cogent. In sexual assault cases, the sole testimony of the victim, if credible, is sufficient for conviction. The learned trial Court, therefore, erred in brushing aside her evidence on the ground of minor discrepancies.

(ii) Consistency of witnesses-PW-1 Ishwar Singh (father) and PW-2 Rani (mother) fully corroborated the account of the victim. The so-called “improvements” were minor elaborations, which are natural when a child deposes after a long passage of time. Reliance on such discrepancies to discard the core of the testimony was a hyper-technical approach.

(iii) Medical and forensic corroboration-The presence of semen on the vaginal swabs corroborated the allegation of the victim of sexual intent. It was argued that the absence of external injuries cannot, by itself, negate an attempt of sexual