Himachal Pradesh High Court Upholds Acquittal in Sexual Assault Case
Testimony of Prosecutrix Found Inconsistent; Prosecution Fails to Establish Guilt Beyond Reasonable Doubt
The Himachal Pradesh High Court, in a significant judgment, upheld the acquittal of Raghubir Singh, who was charged under Section 376 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The Division Bench comprising Justices Vivek Singh Thakur and Sushil Kukreja confirmed the decision of the Special Judge, Shimla, citing inconsistencies and contradictions in the prosecutrix's testimony as the basis for their ruling.
The case originated when the prosecutrix, accompanied by her brother and sister-in-law, approached the police in April 2014, alleging that Singh had forcibly raped her and that she was pregnant with his child. Despite undergoing medical examination and subsequent termination of pregnancy, the prosecutrix's statements during the trial revealed discrepancies regarding her age and the circumstances of the incident.
The High Court emphasized that the prosecutrix's testimony lacked credibility and corroboration. Her claim of being underage was contradicted by her own admission of her date of birth being 13.04.1994, which indicated she was 20 years old at the time of the incident. This discrepancy invalidated the charges under the POCSO Act, which specifically applies to offenses against minors.
Furthermore, the court noted that the prosecutrix herself admitted to calling the accused to the field where the alleged incident occurred, undermining the claim of forceful sexual assault. Despite the prosecution examining 14 witnesses, including medical professionals and local authorities, the evidence presented failed to substantiate the charges beyond reasonable doubt.
Citing precedents from the Supreme Court, the High Court reiterated that while the testimony of a prosecutrix in sexual assault cases can suffice for conviction, it must be credible, consistent, and free from contradictions. In this instance, the court found the prosecutrix's statements to be unreliable and lacking the necessary assurance to warrant a conviction.
The judgment underscores the importance of credible and coherent testimonies in sexual assault cases, reflecting the judiciary's commitment to upholding the principles of justice while ensuring the protection of individual rights.
Bottom Line:
Acquittal in a case under Section 376 IPC and Section 6 of the POCSO Act upheld; testimony of the prosecutrix found inconsistent, contradictory, and lacking credibility; prosecution failed to prove the case beyond reasonable doubt.
Statutory provision(s): Section 376 IPC, Section 6 POCSO Act, Section 378 CrPC, Indian Evidence Act, 1872
State of Himachal Pradesh v. Raghubir Singh, (Himachal Pradesh)(DB) : Law Finder Doc Id # 2782494
