Himachal Pradesh High Court Upholds Acquittal in Rape Case Due to Lack of Credible Evidence

Testimony of prosecutrix deemed inconsistent and contradictory; Appellate Court emphasizes double presumption of innocence in acquittal cases

The Himachal Pradesh High Court has confirmed the acquittal of Sunil Khan, the accused in a rape case, following an appeal by the State of Himachal Pradesh challenging the trial court's judgment. The division bench comprising Justices Vivek Singh Thakur and Sushil Kukreja highlighted the necessity for sterling quality evidence from the prosecutrix to warrant conviction solely based on her testimony. The judgment reaffirms the principle that the appellate court must respect the double presumption of innocence in favor of the accused in acquittal cases.

In the appeal, the State contended that the trial court's decision was based on surmises and failed to consider the testimonies of the prosecution witnesses adequately. However, the appellate court found that the testimony of the prosecutrix contained material contradictions and did not inspire confidence, thereby necessitating corroboration from other evidence.

The court emphasized the legal standard that while conviction can be based on the sole testimony of the prosecutrix, it must be of high quality and consistency. Minor discrepancies should not undermine the credibility of the prosecution unless they affect the core of the case. The bench cited precedents from the Supreme Court, underscoring that the evidence of the prosecutrix should be scrutinized with utmost sensitivity and should withstand rigorous cross-examination without giving room for doubt.

In its analysis, the appellate court noted several inconsistencies in the prosecutrix's testimony, including her conduct during and after the alleged incident, which appeared unnatural. The absence of physical resistance and injuries further weakened the prosecution's case. Moreover, the prosecutrix's failure to promptly inform close relatives or seek immediate help raised questions about the reliability of her account.

Ultimately, the court concluded that the prosecutrix's evidence was not of sterling quality and lacked the credibility required for conviction. The decision of the trial court to acquit Sunil Khan was deemed plausible, and the appeal was dismissed. The respondent was directed to furnish bail bonds under Section 481 of the Bhartiya Nagarik Suraksha Sanhita, 2023, with stipulations related to potential proceedings in the Supreme Court.

Bottom Line:

Evidence of the prosecutrix in cases of sexual assault must be of sterling quality and inspire confidence to warrant conviction solely based on her testimony. 

Statutory provision(s): Indian Penal Code, 1860 - Sections 376, 506; Code of Criminal Procedure - Section 378, 313, 164; Bhartiya Nagarik Suraksha Sanhita, 2023 - Section 481

State of Himachal Pradesh v. Sunil Khan, (Himachal Pradesh)(DB) : Law Finder Doc Id # 2777905