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2023 Supreme(Online)(P&H) 35116

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara, Sukhvinder Kaur, JJ
State – Appellant
Versus
Mannu – Respondent
CRA-AD-147-2023



Advocates:
For the Appellants/Petitioners: S.S. Momi, Akshay Kumar
For the Respondents: Rajesh K. Dadwal

In an appeal against acquittal, the appellate court will not interfere unless the trial court's order is perverse, illegal, or unreasonable, as an acquittal strengthens the presumption of innocence. Conviction for rape requires consistent and unassailable testimony from the prosecutrix, failing which the benefit of doubt must favor the accused.

Headnote:(A) Indian Penal Code, 1860 - Sections 376(2)(n) and 506 - Rape - Acquittal - Appeal against - Prosecution failed to prove the case beyond reasonable doubt - Prosecutrix not a ‘sterling witness’ - Statement of prosecutrix found to be contradictory to earlier versions - Long delay in registration of FIR and medical examination - No medical evidence corroborating the ocular account - Previous animosity between parties as evident from cross-litigation - Presumption of innocence strengthened by acquittal.

Facts of the case:
Prosecutrix alleged that respondent No.1 committed rape upon her multiple times between 2017 and 2019 under threats of making obscene videos viral. Respondent was acquitted by the trial court. The prosecutrix and the accused were known to each other, and litigation existed between them prior to the registration of the FIR. The prosecution failed to recover any digital evidence from the accused's mobile or corroborate the prosecutrix's narrative with medical evidence.

Findings of Court:
The court held that the testimony of the prosecutrix lacked consistency and was contradictory. The alleged delay in filing the FIR, lack of medical evidence, and existing litigation between the parties raised significant doubts regarding the authenticity of the prosecution's case. The court upheld the acquittal, stating that the trial court's decision was not perverse.

Issues: Whether the trial court’s acquittal was perverse and whether the prosecution proved its case against the accused beyond reasonable doubt.

Ratio Decidendi: An appellate court should not interfere with an order of acquittal unless the findings are perverse or unreasonable. A conviction in rape cases requires the prosecutrix to be a 'sterling witness' whose testimony is consistent and plausible, which was not the case here.

Result: Appeal dismissed.

Table of Content
1. overview of the trial court's acquittal order and the prosecution's failed case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. arguments presented by the appellant against the acquittal ruling. (Para 8 , 9)
3. legal standards for evaluating the testimony of a prosecutrix in rape cases. (Para 11 , 12 , 13)
4. court’s evaluation of evidence, pointing out contradictions, lack of corroboration, and delay. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28)
5. final conclusion that prosecution failed to prove case, maintaining the acquittal order. (Para 29 , 30 , 31 , 32)

1. Appellant/ prosecutrix has preferred the instant appeal against judgment dated 22.02.2022, passed by learned Additional Sessions Judge, (Fast Track Special Court), Ludhiana, vide which respondent No.1/ accused has been acquitted.

2. The present FIR No. 21 dated 16.03.2020, under Section 376 IPC, Police Station City Raikot, District Ludhiana was registered against accused Mannu, on the basis of complaint moved by the prosecutrix before Deputy Inspector General of Police, Ludhiana Range, Ludhiana. The prosecutrix alleged that she had done B.com and MBA and was in search of job. Manju was her friend and they had studied together at School and college and she is sister of accused Mannu. The accused was known to the prosecutrix as he used to frequently meet them and several times had dropped them at college. On 16.10.2017, on the pretext of arranging job for her, Manju induced the prosecutrix to accompany the accused on his motorcycle. Accused took her to Raikot. When she asked about Manju he told her that she was inside the Masjid and after taking her they would go for interview. The accused took her to a room inside the Masjid and offerred a glass of water to her, drinking which she did not remain in her senses. Then she came to know that after removing her clothes the accused forcibly committed rape upon her. Upon regaining consciousness, the prosecutrix found herself without any clothes. The accused showed her the video recording regarding commission of rape and threatened to upload the same on the social media in case she would disclose the occurrence to anyone. The accused continued committing rape upon the prosecutrix for three days after extending threats and then left her at her house. Thereafter, on 11.12.2017 under threat, the accused again took the prosecutrix along with him to Raikot and committed rape with her for nine days and she became pregnant. On coming to know of her pregnancy, the accused forcibly made her to take some tablets leading to termination of the pregnancy. Her condition became serious and then her parents provided her treatment. She made complaint to police but was not heard. The prosecutrix further alleged that on 12.04.2019, the accused again forcibly took the prosecutrix to an isolated place, when she alighted from the bus at Behram Bus Stand and committed rape upon her. On noticing her belongings lying on the road her brother reached there and on seeing him accused threatened to kill them after taking a revolver lying in clothes and after saving their lives they came back home. The prosecutrix alleged that due to continuous threats and fear of defamation, the prosecutrix did not immediately report the matter to the police, however, when accused continued to extend threats of uploading her video and kept coercing her, she filed the present complaint, leading to registration of the FIR. During investigation, statements of witnesses were recorded. Site plan was prepared. The accused was arrested. After completion of investigation the challan against the accused was presented before the Court for commencement of trial.

3. After finding a prima facie case against the accused, he was charge-sheeted for the offences punishable under Sections 376(2)(n) and 506 IPC, to which he pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined as many as 18 witnesses.

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