As per case facts, the prosecutrix alleged that on the intervening night, the accused forcibly entered her house, threatened her with a kirpan, and committed sexual intercourse against her will ...
CRA-S-1830-SB-2004
IN THE HIGH COURT OF PUNJAB AND HARYANA
Whether only operative part of the judgment is Pronounced:
Whether full judgment is pronounced: YES
AVTAR SINGH
STATE OF PUNJAB
CORAM: HON'BLE MS
Present: Mr. Nikhil Ghai
Mr. J.S. Rattu, DAG Punjab.
RUPINDERJIT CHAHAL, J.
1. The present appeal has been preferred by the appellant, Avtar
Singh, assailing the judgment of conviction and the order of sentence dated
31.07.2004 passed by the
Kapurthala. Vide the impugned judgment, the appellant was convicted for the
offences punishable under Sections 376 and 450 of the Indian Penal Code. Vide
the order of sentence, he was sentenced, under Se
rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,000/
and, in default of payment of fine, to further undergo rigorous imprisonment for
a period of two months; and, under Section 450 IPC, to undergo rigo
imprisonment for a period of seven years and t
default of payment of fine, to further undergo rigorous imprisonment for a
period of two months. Both the substantive sentences were ordered to run
2004 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA
Reserved on:
Pronounced on:
Uploaded on:
Whether only operative part of the judgment is Pronounced:
Whether full judgment is pronounced: YES
Versus
PUNJAB
CORAM: HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL
Nikhil Ghai, Advocate for the appellant.
J.S. Rattu, DAG Punjab.
RUPINDERJIT CHAHAL, J.
The present appeal has been preferred by the appellant, Avtar
Singh, assailing the judgment of conviction and the order of sentence dated
31.07.2004 passed by the learned Additional Sessions Judge, Fast Track Court,
Kapurthala. Vide the impugned judgment, the appellant was convicted for the
offences punishable under Sections 376 and 450 of the Indian Penal Code. Vide
the order of sentence, he was sentenced, under Se
rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,000/
and, in default of payment of fine, to further undergo rigorous imprisonment for
a period of two months; and, under Section 450 IPC, to undergo rigo
imprisonment for a period of seven years and to pay a fine of Rs.1,000/
default of payment of fine, to further undergo rigorous imprisonment for a
period of two months. Both the substantive sentences were ordered to run
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA-S-1830-SB-2004
Reserved on: 27.05.2026
Pronounced on: 29.07.2026
Uploaded on: 29.07.2026
Whether only operative part of the judgment is Pronounced: NO
….Appellant
....Respondent
. JUSTICE RUPINDERJIT CHAHAL
Advocate for the appellant.
The present appeal has been preferred by the appellant, Avtar
Singh, assailing the judgment of conviction and the order of sentence dated
learned Additional Sessions Judge, Fast Track Court,
Kapurthala. Vide the impugned judgment, the appellant was convicted for the
offences punishable under Sections 376 and 450 of the Indian Penal Code. Vide
the order of sentence, he was sentenced, under Section 376 IPC, to undergo
rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,000/-
and, in default of payment of fine, to further undergo rigorous imprisonment for
a period of two months; and, under Section 450 IPC, to undergo rigorous
o pay a fine of Rs.1,000/- and in
default of payment of fine, to further undergo rigorous imprisonment for a
period of two months. Both the substantive sentences were ordered to run
The present appeal has been preferred by the appellant, Avtar
learned Additional Sessions Judge, Fast Track Court,
Kapurthala. Vide the impugned judgment, the appellant was convicted for the
ction 376 IPC, to undergo
CRA-S-1830-SB-2004
concurrently, with the
undergone.
2. The brief facts of the prosecution case are that the prosecutrix was
married to Harpreet Singh, who was employed as a truck driver. Out of the said
wedlock, two sons, aged about five yea
relevant time, she was residing along with her two minor children in one room
of the house, whereas her parents
case of the prosecution that on the intervening night of 05/06.02.2004, after her
children had fallen asleep, the prosecutrix was
went out to ease herself and, while returning to her room, the accused, Taj Singh
alias Kala, armed with a kirpan, forcibly entered the room after scaling the
boundary wall of the house. It was alleged that the accused threatened her with
dire consequences and committed forcible sexual intercourse with her against
her will and without he
Hardeep Singh, and her mother
fled from the place of occurrence along with the kirpan. It was further alleged
that an attempt was initially made by the vi
the dispute. However, when no settlement could be arrived at, the matter was
reported to the police.
FIR No. 23 dated 06.02.2004 came to be registered at Police Stat
District Kapurthala, under Sections 376 and 450 of the Indian Penal Code in
respect of the aforesaid occurrence.
3. The investigation was thereafter set in motion in accordance with
law. During the course of investigation, the Investigating Officer recorded the
statement of the prosecutrix and other witnesses under Section 161 of the Code
2004 -2-
concurrently, with the benefit of set off for the period of detention already
The brief facts of the prosecution case are that the prosecutrix was
married to Harpreet Singh, who was employed as a truck driver. Out of the said
wedlock, two sons, aged about five years and four years, were born. At the
relevant time, she was residing along with her two minor children in one room
of the house, whereas her parents-in-law occupied
case of the prosecution that on the intervening night of 05/06.02.2004, after her
children had fallen asleep, the prosecutrix was sewing
went out to ease herself and, while returning to her room, the accused, Taj Singh
lias Kala, armed with a kirpan, forcibly entered the room after scaling the
boundary wall of the house. It was alleged that the accused threatened her with
dire consequences and committed forcible sexual intercourse with her against
her will and without her consent. On her raising an alarm, her father
Hardeep Singh, and her mother-in-law reached the spot, whereupon the accused
fled from the place of occurrence along with the kirpan. It was further alleged
that an attempt was initially made by the village Panchayat to amicably resolve
the dispute. However, when no settlement could be arrived at, the matter was
police. On the basis of the statement made by the prosecutrix,
FIR No. 23 dated 06.02.2004 came to be registered at Police Stat
District Kapurthala, under Sections 376 and 450 of the Indian Penal Code in
respect of the aforesaid occurrence.
The investigation was thereafter set in motion in accordance with
During the course of investigation, the Investigating Officer recorded the
statement of the prosecutrix and other witnesses under Section 161 of the Code
benefit of set off for the period of detention already
The brief facts of the prosecution case are that the prosecutrix was
married to Harpreet Singh, who was employed as a truck driver. Out of the said
rs and four years, were born. At the
relevant time, she was residing along with her two minor children in one room
occupied the adjoining room. It was the
case of the prosecution that on the intervening night of 05/06.02.2004, after her
sewing clothes. Thereafter, she
went out to ease herself and, while returning to her room, the accused, Taj Singh
lias Kala, armed with a kirpan, forcibly entered the room after scaling the
boundary wall of the house. It was alleged that the accused threatened her with
dire consequences and committed forcible sexual intercourse with her against
r consent. On her raising an alarm, her father-in-law,
law reached the spot, whereupon the accused
fled from the place of occurrence along with the kirpan. It was further alleged
llage Panchayat to amicably resolve
the dispute. However, when no settlement could be arrived at, the matter was
On the basis of the statement made by the prosecutrix,
FIR No. 23 dated 06.02.2004 came to be registered at Police Station Dhilwan,
District Kapurthala, under Sections 376 and 450 of the Indian Penal Code in
The investigation was thereafter set in motion in accordance with
During the course of investigation, the Investigating Officer recorded the
statement of the prosecutrix and other witnesses under Section 161 of the Code
benefit of set off for the period of detention already
The brief facts of the prosecution case are that the prosecutrix was
relevant time, she was residing along with her two minor children in one room
went out to ease herself and, while returning to her room, the accused, Taj Singh
lias Kala, armed with a kirpan, forcibly entered the room after scaling the
boundary wall of the house. It was alleged that the accused threatened her with
law,
law reached the spot, whereupon the accused
The investigation was thereafter set in motion in accordance with
CRA-S-1830-SB-2004
of Criminal Procedure, prepared the rough site plan of the place of occurrence,
took into possession t
legally examined. The accused was arrested and was also subjected to medico
legal examination by Dr. Rajan Bhatti, who opined that he was capable of
performing sexual intercourse and also noticed cer
Pursuant to the disclosure statement suffered by the accused during the course of
interrogation, a kirpan was recovered and taken into possession vide the
requisite recovery memo in the presence of independent witnesses. The we
apparel of the prosecutrix along with the vaginal swabs and other relevant
parcels were forwarded to the Chemical Examiner for analysis and the report
received in that regard formed part of the police report. Upon completion of the
investigation and
presented the final report under Section 173 of the Code of Criminal Procedure
before the learned Illaqa Magistrate.
4. Upon finding sufficient grounds to proceed against the accused, the
learned trial Court framed charges against him for the offences punishable under
Sections 376 and 450 of the Indian Penal Code. The substance of the accusations
was read over and explained to the accused, to which he pleaded not guilty and
claimed trial.
5. In o
prosecution examined as many as ten witnesses. The prosecutrix appeared as
PW5, whereas her father
Barinder Gill, who medico
witness box as PW9, while Dr. Rajan Bhatti, who medico
accused, appeared as PW4. The Investigating Officer, ASI Sukhdev Singh, was
2004 -3-
of Criminal Procedure, prepared the rough site plan of the place of occurrence,
took into possession the wearing apparel of the prosecutrix and got her medico
legally examined. The accused was arrested and was also subjected to medico
legal examination by Dr. Rajan Bhatti, who opined that he was capable of
performing sexual intercourse and also noticed cer
Pursuant to the disclosure statement suffered by the accused during the course of
interrogation, a kirpan was recovered and taken into possession vide the
requisite recovery memo in the presence of independent witnesses. The we
apparel of the prosecutrix along with the vaginal swabs and other relevant
parcels were forwarded to the Chemical Examiner for analysis and the report
received in that regard formed part of the police report. Upon completion of the
investigation and finding sufficient material against the accused, the police
presented the final report under Section 173 of the Code of Criminal Procedure
before the learned Illaqa Magistrate.
Upon finding sufficient grounds to proceed against the accused, the
trial Court framed charges against him for the offences punishable under
Sections 376 and 450 of the Indian Penal Code. The substance of the accusations
was read over and explained to the accused, to which he pleaded not guilty and
In order to substantiate the charges against the accused, the
prosecution examined as many as ten witnesses. The prosecutrix appeared as
PW5, whereas her father-in-law, Hardeep Singh, was examined as PW6. Dr.
nder Gill, who medico-legally examined the prosecutrix, stepped into the
witness box as PW9, while Dr. Rajan Bhatti, who medico
accused, appeared as PW4. The Investigating Officer, ASI Sukhdev Singh, was
of Criminal Procedure, prepared the rough site plan of the place of occurrence,
he wearing apparel of the prosecutrix and got her medico-
legally examined. The accused was arrested and was also subjected to medico-
legal examination by Dr. Rajan Bhatti, who opined that he was capable of
performing sexual intercourse and also noticed certain injuries on his person.
Pursuant to the disclosure statement suffered by the accused during the course of
interrogation, a kirpan was recovered and taken into possession vide the
requisite recovery memo in the presence of independent witnesses. The wearing
apparel of the prosecutrix along with the vaginal swabs and other relevant
parcels were forwarded to the Chemical Examiner for analysis and the report
received in that regard formed part of the police report. Upon completion of the
finding sufficient material against the accused, the police
presented the final report under Section 173 of the Code of Criminal Procedure
Upon finding sufficient grounds to proceed against the accused, the
trial Court framed charges against him for the offences punishable under
Sections 376 and 450 of the Indian Penal Code. The substance of the accusations
was read over and explained to the accused, to which he pleaded not guilty and
rder to substantiate the charges against the accused, the
prosecution examined as many as ten witnesses. The prosecutrix appeared as
law, Hardeep Singh, was examined as PW6. Dr.
legally examined the prosecutrix, stepped into the
witness box as PW9, while Dr. Rajan Bhatti, who medico-legally examined the
accused, appeared as PW4. The Investigating Officer, ASI Sukhdev Singh, was
tain injuries on his person.
apparel of the prosecutrix along with the vaginal swabs and other relevant
Sections 376 and 450 of the Indian Penal Code. The substance of the accusations
law, Hardeep Singh, was examined as PW6. Dr.
legally examined the prosecutrix, stepped into the
CRA-S-1830-SB-2004
examined as PW7. Besides examin
prosecution also examined the official and formal witnesses and tendered into
evidence the report of the Chemical Examiner along with other documentary
evidence in support of its case.
6. Upon the conclusion of th
the accused was recorded under Section 313 of the Code of Criminal Procedure,
wherein all the incriminating circumstances appearing against him in the
prosecution evidence were put to him. The accused denied the pro
allegations in toto and claimed false implication. He, however, set up a defence
that the prosecutrix had herself called him to her house, opened the gate and
taken him inside her room, where the sexual intercourse took place with her free
consent and at her instance. The accused did not lead any evidence in defence
Upon appreciation of the evidence on record, the learned trial Court convicted
and sentenced the appellant in the manner mentioned hereinabove.
7. Learned counsel for the appellant co
judgment of conviction and the consequent order of sentence are legally
unsustainable, being the result of a misappreciation of the oral as well as
documentary evidence available on record. It was submitted that the prosecution
has failed to prove its case beyond reasonable doubt and that the defence set up
by the appellant, namely that the sexual intercourse was consensual, stands duly
probabilised from
the conduct attributed to the prosecutrix is wholly unnatural and inconsistent
with the prosecution version.
8. It was argued that the alleged occurrence is stated to have taken
place inside the room occupied by the
2004 -4-
examined as PW7. Besides examining the aforesaid material witnesses, the
prosecution also examined the official and formal witnesses and tendered into
evidence the report of the Chemical Examiner along with other documentary
evidence in support of its case.
Upon the conclusion of the prosecution evidence, the statement of
the accused was recorded under Section 313 of the Code of Criminal Procedure,
wherein all the incriminating circumstances appearing against him in the
prosecution evidence were put to him. The accused denied the pro
allegations in toto and claimed false implication. He, however, set up a defence
that the prosecutrix had herself called him to her house, opened the gate and
taken him inside her room, where the sexual intercourse took place with her free
and at her instance. The accused did not lead any evidence in defence
Upon appreciation of the evidence on record, the learned trial Court convicted
and sentenced the appellant in the manner mentioned hereinabove.
Learned counsel for the appellant co
judgment of conviction and the consequent order of sentence are legally
unsustainable, being the result of a misappreciation of the oral as well as
documentary evidence available on record. It was submitted that the prosecution
s failed to prove its case beyond reasonable doubt and that the defence set up
by the appellant, namely that the sexual intercourse was consensual, stands duly
from the evidence on record. Learned counsel further submitted that
the conduct attributed to the prosecutrix is wholly unnatural and inconsistent
with the prosecution version.
It was argued that the alleged occurrence is stated to have taken
place inside the room occupied by the prosecutrix in a residential house where
ing the aforesaid material witnesses, the
prosecution also examined the official and formal witnesses and tendered into
evidence the report of the Chemical Examiner along with other documentary
e prosecution evidence, the statement of
the accused was recorded under Section 313 of the Code of Criminal Procedure,
wherein all the incriminating circumstances appearing against him in the
prosecution evidence were put to him. The accused denied the prosecution
allegations in toto and claimed false implication. He, however, set up a defence
that the prosecutrix had herself called him to her house, opened the gate and
taken him inside her room, where the sexual intercourse took place with her free
and at her instance. The accused did not lead any evidence in defence.
Upon appreciation of the evidence on record, the learned trial Court convicted
and sentenced the appellant in the manner mentioned hereinabove.
Learned counsel for the appellant contended that the impugned
judgment of conviction and the consequent order of sentence are legally
unsustainable, being the result of a misappreciation of the oral as well as
documentary evidence available on record. It was submitted that the prosecution
s failed to prove its case beyond reasonable doubt and that the defence set up
by the appellant, namely that the sexual intercourse was consensual, stands duly
Learned counsel further submitted that
the conduct attributed to the prosecutrix is wholly unnatural and inconsistent
It was argued that the alleged occurrence is stated to have taken
prosecutrix in a residential house where
evidence the report of the Chemical Examiner along with other documentary
wherein all the incriminating circumstances appearing against him in the
allegations in toto and claimed false implication. He, however, set up a defence
ntended that the impugned
judgment of conviction and the consequent order of sentence are legally
s failed to prove its case beyond reasonable doubt and that the defence set up
by the appellant, namely that the sexual intercourse was consensual, stands duly
CRA-S-1830-SB-2004
her parents-in-law were sleeping in the adjoining room and her two minor
children were sleeping in the same room. Despite the appellant allegedly
entering the house after scaling the boundary wall at about midnight
prosecutrix admittedly did not raise any immediate alarm. Such conduct,
according to the learned counsel, is wholly inconsistent with that expected of a
victim of a forcible
9. It was further contended that, according to the
itself, the appellant remained inside the room for a sufficient length of time,
removed the clothes of the prosecutrix and committed sexual intercourse. Yet,
neither did her father
adjoining room, intervene during the alleged occurrence, nor did the two minor
children sleeping in the same room wake up. Even no neighbour gathered at the
place of occurrence. According to the learned counsel, these circumstances
render the prosecution story
its truthfulness.
10. Learned counsel next submitted that the medical evidence
completely belies the allegation of forcible sexual intercourse. Referring to the
testimony of PW9 Dr.
was found on any part of the body of the prosecutrix, including her private parts.
During cross-examination, the witness categorically admitted that there was no
external injury on her person. It was argued that despit
resistance and a struggle with the appellant, the complete absence of injuries
materially undermines the prosecution version and lends support to the defence
plea that the sexual intercourse was consensual. It was further pointed
2004 -5-
law were sleeping in the adjoining room and her two minor
children were sleeping in the same room. Despite the appellant allegedly
entering the house after scaling the boundary wall at about midnight
prosecutrix admittedly did not raise any immediate alarm. Such conduct,
according to the learned counsel, is wholly inconsistent with that expected of a
forcible sexual assault.
It was further contended that, according to the
itself, the appellant remained inside the room for a sufficient length of time,
removed the clothes of the prosecutrix and committed sexual intercourse. Yet,
neither did her father-in-law and mother-in-law, who were sleeping in the
ining room, intervene during the alleged occurrence, nor did the two minor
children sleeping in the same room wake up. Even no neighbour gathered at the
place of occurrence. According to the learned counsel, these circumstances
render the prosecution story inherently improbable and cast a serious doubt upon
Learned counsel next submitted that the medical evidence
completely belies the allegation of forcible sexual intercourse. Referring to the
testimony of PW9 Dr. Barinder Gill, it was contended that no injury whatsoever
was found on any part of the body of the prosecutrix, including her private parts.
examination, the witness categorically admitted that there was no
external injury on her person. It was argued that despit
resistance and a struggle with the appellant, the complete absence of injuries
materially undermines the prosecution version and lends support to the defence
plea that the sexual intercourse was consensual. It was further pointed
law were sleeping in the adjoining room and her two minor
children were sleeping in the same room. Despite the appellant allegedly
entering the house after scaling the boundary wall at about midnight, the
prosecutrix admittedly did not raise any immediate alarm. Such conduct,
according to the learned counsel, is wholly inconsistent with that expected of a
It was further contended that, according to the prosecution version
itself, the appellant remained inside the room for a sufficient length of time,
removed the clothes of the prosecutrix and committed sexual intercourse. Yet,
law, who were sleeping in the
ining room, intervene during the alleged occurrence, nor did the two minor
children sleeping in the same room wake up. Even no neighbour gathered at the
place of occurrence. According to the learned counsel, these circumstances
inherently improbable and cast a serious doubt upon
Learned counsel next submitted that the medical evidence
completely belies the allegation of forcible sexual intercourse. Referring to the
s contended that no injury whatsoever
was found on any part of the body of the prosecutrix, including her private parts.
examination, the witness categorically admitted that there was no
external injury on her person. It was argued that despite the prosecutrix alleging
resistance and a struggle with the appellant, the complete absence of injuries
materially undermines the prosecution version and lends support to the defence
plea that the sexual intercourse was consensual. It was further pointed out that
children were sleeping in the same room. Despite the appellant allegedly
prosecution version
itself, the appellant remained inside the room for a sufficient length of time,
was found on any part of the body of the prosecutrix, including her private parts.
CRA-S-1830-SB-2004
PW6 Hardeep Singh had also admitted that he had not noticed any injury on the
person of the prosecutrix.
11. It was then argued that, on the other hand, the appellant himself was
found to have sustained multiple injuries on his person. PW4 Dr. R
proved the injuries noticed on the cheek, forearm, chin and knee of the appellant
and also admitted during cross
been caused by simple slapping. According to the learned counsel, the
prosecution has failed to furnish any explanation whatsoever for the injuries
found on the person of the appellant. The non
was submitted, assumes considerable significance and creates a serious doubt
regarding the true genesis and manne
12. Learned counsel also assailed the prosecution case on the ground of
delay in the registration of the First Information Report. It was submitted that the
matter was not reported to the police immediately and that the delay in
the criminal law into motion afforded sufficient time for deliberation and
consultation, thereby giving rise to the possibility of embellishment and false
implication.
13. Lastly, learned counsel submitted that though a conviction in a case
of rape can be based on the sole testimony of the prosecutrix, such testimony
must inspire implicit confidence and be of sterling quality. It was argued that
where the conduct of the prosecutrix appears unnatural, the medical evidence
does not support the allega
on the person of the accused remain unexplained and the prosecution version
suffers from inherent improbabilities, it would be unsafe to sustain the
conviction solely on such evidence. On the strength
2004 -6-
PW6 Hardeep Singh had also admitted that he had not noticed any injury on the
prosecutrix.
It was then argued that, on the other hand, the appellant himself was
found to have sustained multiple injuries on his person. PW4 Dr. R
proved the injuries noticed on the cheek, forearm, chin and knee of the appellant
and also admitted during cross-examination that such injuries could not have
been caused by simple slapping. According to the learned counsel, the
failed to furnish any explanation whatsoever for the injuries
found on the person of the appellant. The non-explanation of these injuries, it
was submitted, assumes considerable significance and creates a serious doubt
regarding the true genesis and manner of the occurrence.
Learned counsel also assailed the prosecution case on the ground of
delay in the registration of the First Information Report. It was submitted that the
matter was not reported to the police immediately and that the delay in
the criminal law into motion afforded sufficient time for deliberation and
consultation, thereby giving rise to the possibility of embellishment and false
Lastly, learned counsel submitted that though a conviction in a case
e can be based on the sole testimony of the prosecutrix, such testimony
must inspire implicit confidence and be of sterling quality. It was argued that
where the conduct of the prosecutrix appears unnatural, the medical evidence
does not support the allegation of forcible sexual intercourse, the injuries found
on the person of the accused remain unexplained and the prosecution version
suffers from inherent improbabilities, it would be unsafe to sustain the
conviction solely on such evidence. On the strength
PW6 Hardeep Singh had also admitted that he had not noticed any injury on the
It was then argued that, on the other hand, the appellant himself was
found to have sustained multiple injuries on his person. PW4 Dr. Rajan Bhatti
proved the injuries noticed on the cheek, forearm, chin and knee of the appellant
examination that such injuries could not have
been caused by simple slapping. According to the learned counsel, the
failed to furnish any explanation whatsoever for the injuries
explanation of these injuries, it
was submitted, assumes considerable significance and creates a serious doubt
occurrence.
Learned counsel also assailed the prosecution case on the ground of
delay in the registration of the First Information Report. It was submitted that the
matter was not reported to the police immediately and that the delay in setting
the criminal law into motion afforded sufficient time for deliberation and
consultation, thereby giving rise to the possibility of embellishment and false
Lastly, learned counsel submitted that though a conviction in a case
e can be based on the sole testimony of the prosecutrix, such testimony
must inspire implicit confidence and be of sterling quality. It was argued that
where the conduct of the prosecutrix appears unnatural, the medical evidence
tion of forcible sexual intercourse, the injuries found
on the person of the accused remain unexplained and the prosecution version
suffers from inherent improbabilities, it would be unsafe to sustain the
conviction solely on such evidence. On the strength of the aforesaid
It was then argued that, on the other hand, the appellant himself was
ajan Bhatti
been caused by simple slapping. According to the learned counsel, the
explanation of these injuries, it
e can be based on the sole testimony of the prosecutrix, such testimony
tion of forcible sexual intercourse, the injuries found
CRA-S-1830-SB-2004
submissions, learned counsel prayed that the appeal be allowed, the impugned
judgment of conviction and the consequent order of sentence be set aside and the
appellant be acquitted of the charges framed against him.
14. Per contra, learn
of conviction and the consequent order of sentence and contended that the
learned trial Court had correctly appreciated the oral as well as documentary
evidence available on record and had rightly returned t
the appellant. It was submitted that the testimony of the prosecutrix is natural,
cogent, trustworthy and inspires confidence. The same, according to the learned
State counsel, stands duly corroborated in its material particular
testimony of PW6 Hardeep Singh, the medical evidence, the injuries found on
the person of the appellant and the recovery of the kirpan pursuant to his
disclosure statement.
having admitted the factum of sexual intercourse had failed to substantiate his
plea that the same was consensual. It was contended that the burden to
probabilise the plea of consent was upon the appellant, which he had failed to
discharge. It was further submitted that t
Information Report stood satisfactorily explained by the prosecution and,
therefore, no adverse inference could be drawn on that account.
of the aforesaid submissions, learned State counsel prayed for dismissal
present appeal and for affirmation of the impugned judgment of conviction and
the consequent order of sentence passed by the learned trial Court.
15. I have heard learned counsel for the parties and have carefully gone
through the record of the ca
submissions advanced on their behalf and the findings recorded by the learned
2004 -7-
submissions, learned counsel prayed that the appeal be allowed, the impugned
judgment of conviction and the consequent order of sentence be set aside and the
appellant be acquitted of the charges framed against him.
Per contra, learned State counsel supported the impugned judgment
of conviction and the consequent order of sentence and contended that the
learned trial Court had correctly appreciated the oral as well as documentary
evidence available on record and had rightly returned t
the appellant. It was submitted that the testimony of the prosecutrix is natural,
cogent, trustworthy and inspires confidence. The same, according to the learned
State counsel, stands duly corroborated in its material particular
testimony of PW6 Hardeep Singh, the medical evidence, the injuries found on
the person of the appellant and the recovery of the kirpan pursuant to his
statement. Learned State counsel further argued that the appellant
the factum of sexual intercourse had failed to substantiate his
plea that the same was consensual. It was contended that the burden to
probabilise the plea of consent was upon the appellant, which he had failed to
discharge. It was further submitted that the delay in lodging the First
Information Report stood satisfactorily explained by the prosecution and,
therefore, no adverse inference could be drawn on that account.
of the aforesaid submissions, learned State counsel prayed for dismissal
present appeal and for affirmation of the impugned judgment of conviction and
the consequent order of sentence passed by the learned trial Court.
have heard learned counsel for the parties and have carefully gone
through the record of the case. The evidence adduced by the parties, the
submissions advanced on their behalf and the findings recorded by the learned
submissions, learned counsel prayed that the appeal be allowed, the impugned
judgment of conviction and the consequent order of sentence be set aside and the
appellant be acquitted of the charges framed against him.
ed State counsel supported the impugned judgment
of conviction and the consequent order of sentence and contended that the
learned trial Court had correctly appreciated the oral as well as documentary
evidence available on record and had rightly returned the finding of guilt against
the appellant. It was submitted that the testimony of the prosecutrix is natural,
cogent, trustworthy and inspires confidence. The same, according to the learned
State counsel, stands duly corroborated in its material particulars by the
testimony of PW6 Hardeep Singh, the medical evidence, the injuries found on
the person of the appellant and the recovery of the kirpan pursuant to his
Learned State counsel further argued that the appellant
the factum of sexual intercourse had failed to substantiate his
plea that the same was consensual. It was contended that the burden to
probabilise the plea of consent was upon the appellant, which he had failed to
he delay in lodging the First
Information Report stood satisfactorily explained by the prosecution and,
therefore, no adverse inference could be drawn on that account. On the strength
of the aforesaid submissions, learned State counsel prayed for dismissal of the
present appeal and for affirmation of the impugned judgment of conviction and
the consequent order of sentence passed by the learned trial Court.
have heard learned counsel for the parties and have carefully gone
se. The evidence adduced by the parties, the
submissions advanced on their behalf and the findings recorded by the learned
of conviction and the consequent order of sentence and contended that the
learned trial Court had correctly appreciated the oral as well as documentary
he finding of guilt against
cogent, trustworthy and inspires confidence. The same, according to the learned
Learned State counsel further argued that the appellant
the factum of sexual intercourse had failed to substantiate his
CRA-S-1830-SB-2004
trial Court have been
is whether the prosecution has succeeded in proving the charges against the
appellant beyond reasonable doubt and whether the impugned judgment of
conviction and the consequent order of sentence call for any inter
Court.
16. Before adverting to the merits of the rival submissions, it would be
apposite to notice that the occurrence in the present case is alleged to have taken
place on the intervening night of 05/06.02.2004. The case, therefore, is
to be examined in the light of the provisions of Section 375 of the Indian Penal
Code as they stood prior to their substitution by the Criminal Law (Amendment)
Act, 2013, which reads as under:
"375. Rape
A man is said to commit ‘rape’ who,
excepted, has sexual intercourse with a woman under circumstances
falling under any of the six following descriptions:
First.—Against her will.
Secondly.
Thirdly.—
putting her or any person in whom she is interested in fear of death or
of hurt.
Fourthly.
husband, and that her consent is given because she believes that he is
another man to whom sh
married.
Fifthly.—
by reason of unsoundness of mind or intoxication or the
administration by him personally or through another of any
stupefying or unwholeso
nature and consequences of that to which she gives consent.
Sixthly.—
of age.
2004 -8-
been duly considered. The question that arises for consideration
is whether the prosecution has succeeded in proving the charges against the
appellant beyond reasonable doubt and whether the impugned judgment of
conviction and the consequent order of sentence call for any inter
Before adverting to the merits of the rival submissions, it would be
apposite to notice that the occurrence in the present case is alleged to have taken
place on the intervening night of 05/06.02.2004. The case, therefore, is
to be examined in the light of the provisions of Section 375 of the Indian Penal
Code as they stood prior to their substitution by the Criminal Law (Amendment)
Act, 2013, which reads as under:
375. Rape.-
A man is said to commit ‘rape’ who, except in the case hereinafter
excepted, has sexual intercourse with a woman under circumstances
falling under any of the six following descriptions:
Against her will.
Secondly.—Without her consent.
—With her consent, when her consent has b
putting her or any person in whom she is interested in fear of death or
Fourthly.—With her consent, when the man knows that he is not her
husband, and that her consent is given because she believes that he is
another man to whom she is or believes herself to be lawfully
married.
—With her consent, when, at the time of giving such consent,
by reason of unsoundness of mind or intoxication or the
administration by him personally or through another of any
stupefying or unwholesome substance, she is unable to understand the
nature and consequences of that to which she gives consent.
—With or without her consent, when she is under sixteen years
The question that arises for consideration
is whether the prosecution has succeeded in proving the charges against the
appellant beyond reasonable doubt and whether the impugned judgment of
conviction and the consequent order of sentence call for any interference by this
Before adverting to the merits of the rival submissions, it would be
apposite to notice that the occurrence in the present case is alleged to have taken
place on the intervening night of 05/06.02.2004. The case, therefore, is required
to be examined in the light of the provisions of Section 375 of the Indian Penal
Code as they stood prior to their substitution by the Criminal Law (Amendment)
except in the case hereinafter
excepted, has sexual intercourse with a woman under circumstances
falling under any of the six following descriptions:—
With her consent, when her consent has been obtained by
putting her or any person in whom she is interested in fear of death or
With her consent, when the man knows that he is not her
husband, and that her consent is given because she believes that he is
e is or believes herself to be lawfully
With her consent, when, at the time of giving such consent,
by reason of unsoundness of mind or intoxication or the
administration by him personally or through another of any
me substance, she is unable to understand the
nature and consequences of that to which she gives consent.
With or without her consent, when she is under sixteen years
Before adverting to the merits of the rival submissions, it would be
CRA-S-1830-SB-2004
Explanation.
intercou
Exception.
not being under fifteen years of age, is not rape."
17. The settled principle of
lies squarely upon the
beyond reasonable doubt.
for an offence under Section 376 IPC can be
the prosecutrix without independent cor
inspires implicit confidence and is found to be wholly reliable
quality. The testimony of such character that it leaves no reasonable doubt
regarding its truthfulness and can safely be acted upon without h
regard, the Hon'ble Supreme Court in
Delhi), (2012) 8 SCC 21,
in the following terms:
“15. In our considered opinion, the 'sterling witne
very high quality and caliber whose version should, therefore, be
unassailable. The Court considering the version of such witness
should be in a position to accept it for its face value
hesitation. To test the quality of such a witness, the status of the
witness would
truthfulness of the statement made by such a witness. What would be
more relevant would be the consistency of the
starting point till the end, namely, at the time when the witness makes
the initial statement and ultimately before the Court. It should be
natural and consistent with the case of the prosecution qua the
accused. There should not
a witness. The witness should be in a position to withstand the cross
examination of any length and howsoever strenuous it may be and
under no circumstance should give room for any doubt as to the
2004 -9-
Explanation.—Penetration is sufficient to constitute the sexual
intercourse necessary to the offence of rape.
Exception.—Sexual intercourse by a man with his own w
not being under fifteen years of age, is not rape."
The settled principle of criminal jurisprudence is that the
lies squarely upon the prosecution to establish every ingredient of the offence
beyond reasonable doubt. Equally well settled is the proposition that conviction
offence under Section 376 IPC can be recorded
prosecutrix without independent corroboration, provided
inspires implicit confidence and is found to be wholly reliable
The testimony of such character that it leaves no reasonable doubt
regarding its truthfulness and can safely be acted upon without h
regard, the Hon'ble Supreme Court in Rai Sandeep alias Deepu v. State (NCT of
, (2012) 8 SCC 21, explained the attributes of a witness of sterling quality
in the following terms:-
15. In our considered opinion, the 'sterling witne
very high quality and caliber whose version should, therefore, be
unassailable. The Court considering the version of such witness
should be in a position to accept it for its face value
hesitation. To test the quality of such a witness, the status of the
witness would be immaterial and what would be
truthfulness of the statement made by such a witness. What would be
more relevant would be the consistency of the
starting point till the end, namely, at the time when the witness makes
the initial statement and ultimately before the Court. It should be
natural and consistent with the case of the prosecution qua the
accused. There should not be any prevarication in the version of such
a witness. The witness should be in a position to withstand the cross
examination of any length and howsoever strenuous it may be and
under no circumstance should give room for any doubt as to the
Penetration is sufficient to constitute the sexual
rse necessary to the offence of rape.
Sexual intercourse by a man with his own wife, the wife
not being under fifteen years of age, is not rape."
criminal jurisprudence is that the burden
to establish every ingredient of the offence
is the proposition that conviction
recorded on the sole testimony of
roboration, provided her testimony
inspires implicit confidence and is found to be wholly reliable and of sterling
The testimony of such character that it leaves no reasonable doubt
regarding its truthfulness and can safely be acted upon without hesitation. In this
Rai Sandeep alias Deepu v. State (NCT of
explained the attributes of a witness of sterling quality
15. In our considered opinion, the 'sterling witness' should be of a
very high quality and caliber whose version should, therefore, be
unassailable. The Court considering the version of such witness
should be in a position to accept it for its face value without any
hesitation. To test the quality of such a witness, the status of the
be immaterial and what would be relevant is the
truthfulness of the statement made by such a witness. What would be
more relevant would be the consistency of the statement right from the
starting point till the end, namely, at the time when the witness makes
the initial statement and ultimately before the Court. It should be
natural and consistent with the case of the prosecution qua the
be any prevarication in the version of such
a witness. The witness should be in a position to withstand the cross-
examination of any length and howsoever strenuous it may be and
under no circumstance should give room for any doubt as to the
burden
is the proposition that conviction
on the sole testimony of
testimony
explained the attributes of a witness of sterling quality
CRA-S-1830-SB-2004
factum of the o
sequence of it. Such a version should have co
everyone of other supporting material such as the recoveries made,
the weapons used, the manner of offence committed, the scientific
evide
consistently match with the version of every other witness. It can even
be stated that it should be akin to the test applied in the case of
circumstantial evidence where there should not be any
the chain of circumstances to hold the accused guilty of the offence
alleged against him. Only if the version of such a witness qualifies the
above test as well as all other similar such tests to be applied, it can
be held that such a witne
version can be accepted by the Court without any corroboration and
based on which the guilty can be punished. To be more precise, the
version of the said witness on the core spectrum of the crime should
remain
documentary and material objects should match the said version in
material articulars in order to enable the Court trying the offence to
rely on the core version to sieve the other supporting mater
holding the offender guilty of the charge alleged.
xxxxxxx xxxxxxx xxxxxxx xxxxxxxx xxxxxxx
24. There is evidence on record that there was no injury on the breast
or the thighs of the prosecutrix and only a minor abrasion on the
right-
prosecutrix's original version, the appellants had forcible sexual
intercourse one after the other against her. If that was so, it is hard to
believe that there was no other injury on the private parts of the
prosec
defective, the attendant circumstances and other evidence have to be
necessarily examined to see whether the allegation... was true.”
18. It is equally well settled that where the testimony of t
does not inspire confidence, or where the version put forth is improbable and
belies logic, the Court would be justified in seeking corroboration and, in its
2004 -10-
factum of the occurrence, the persons involved, as well as, the
sequence of it. Such a version should have co
everyone of other supporting material such as the recoveries made,
the weapons used, the manner of offence committed, the scientific
evidence and the expert opinion. The said version should
consistently match with the version of every other witness. It can even
be stated that it should be akin to the test applied in the case of
circumstantial evidence where there should not be any
the chain of circumstances to hold the accused guilty of the offence
alleged against him. Only if the version of such a witness qualifies the
above test as well as all other similar such tests to be applied, it can
be held that such a witness can be called as a 'sterling witness' whose
version can be accepted by the Court without any corroboration and
based on which the guilty can be punished. To be more precise, the
version of the said witness on the core spectrum of the crime should
remain intact while all other attendant materials, namely, oral,
documentary and material objects should match the said version in
material articulars in order to enable the Court trying the offence to
rely on the core version to sieve the other supporting mater
holding the offender guilty of the charge alleged.
xxxxxxx xxxxxxx xxxxxxx xxxxxxxx xxxxxxx
24. There is evidence on record that there was no injury on the breast
or the thighs of the prosecutrix and only a minor abrasion on the
right-side neck below jaw was noted while according to the
prosecutrix's original version, the appellants had forcible sexual
intercourse one after the other against her. If that was so, it is hard to
believe that there was no other injury on the private parts of the
prosecutrix... When on the face value the evidence is found to be
defective, the attendant circumstances and other evidence have to be
necessarily examined to see whether the allegation... was true.”
It is equally well settled that where the testimony of t
does not inspire confidence, or where the version put forth is improbable and
belies logic, the Court would be justified in seeking corroboration and, in its
ccurrence, the persons involved, as well as, the
sequence of it. Such a version should have co-relation with each and
everyone of other supporting material such as the recoveries made,
the weapons used, the manner of offence committed, the scientific
nce and the expert opinion. The said version should
consistently match with the version of every other witness. It can even
be stated that it should be akin to the test applied in the case of
circumstantial evidence where there should not be any missing link in
the chain of circumstances to hold the accused guilty of the offence
alleged against him. Only if the version of such a witness qualifies the
above test as well as all other similar such tests to be applied, it can
ss can be called as a 'sterling witness' whose
version can be accepted by the Court without any corroboration and
based on which the guilty can be punished. To be more precise, the
version of the said witness on the core spectrum of the crime should
intact while all other attendant materials, namely, oral,
documentary and material objects should match the said version in
material articulars in order to enable the Court trying the offence to
rely on the core version to sieve the other supporting materials for
holding the offender guilty of the charge alleged.
xxxxxxx xxxxxxx xxxxxxx xxxxxxxx xxxxxxx
24. There is evidence on record that there was no injury on the breast
or the thighs of the prosecutrix and only a minor abrasion on the
low jaw was noted while according to the
prosecutrix's original version, the appellants had forcible sexual
intercourse one after the other against her. If that was so, it is hard to
believe that there was no other injury on the private parts of the
utrix... When on the face value the evidence is found to be
defective, the attendant circumstances and other evidence have to be
necessarily examined to see whether the allegation... was true.”
It is equally well settled that where the testimony of the prosecutrix
does not inspire confidence, or where the version put forth is improbable and
belies logic, the Court would be justified in seeking corroboration and, in its
the weapons used, the manner of offence committed, the scientific
CRA-S-1830-SB-2004
absence, in extending to the accused the benefit of the doubt. In
alias Tammu v. State (NCT of Delhi), (2009) 15 SCC 566
Court observed:
“It is true that in a case of rape the evidence of the prosecutrix
must be given predominant consideration, but to hold that this
evidence has to be accepted even if the
belies logic, would be doing violence to the very principles which
govern the appreciation of evidence in a criminal matter.”
19. At the outset, it deserves notice that the factum of sexual
intercourse between the appellant and
statement recorded under Section 313 of the Code of Criminal Procedure, the
appellant has admitted the sexual intercourse while setting up a specific plea that
the same was consensual. Such admission, however, does
prosecution of its obligation to establish, by cogent, convincing and reliable
evidence, that the intercourse was against the will of the prosecutrix and without
her consent. The burden to prove the absence of consent rests throughout upon
the prosecution and never shifts. Consequently, the principal question that falls
for determination is whether the prosecution has succeeded in proving beyond
reasonable doubt that the admitted act of sexual intercourse was without the
consent of the pros
question substantially depends upon the credibility and reliability of the
testimony of the prosecutrix (PW5), there being no eyewitness to the occurrence
itself.
20. Tested on the touchstone o
finds that the testimony of the prosecutrix does not inspire such confidence as
would justify recording a conviction solely on its basis without dependable
corroboration. The foremost circumstance which creates a serious dent in the
2004 -11-
absence, in extending to the accused the benefit of the doubt. In
Tammu v. State (NCT of Delhi), (2009) 15 SCC 566
“It is true that in a case of rape the evidence of the prosecutrix
must be given predominant consideration, but to hold that this
evidence has to be accepted even if the
belies logic, would be doing violence to the very principles which
govern the appreciation of evidence in a criminal matter.”
At the outset, it deserves notice that the factum of sexual
intercourse between the appellant and the prosecutrix is not in dispute. In his
statement recorded under Section 313 of the Code of Criminal Procedure, the
appellant has admitted the sexual intercourse while setting up a specific plea that
the same was consensual. Such admission, however, does
prosecution of its obligation to establish, by cogent, convincing and reliable
that the intercourse was against the will of the prosecutrix and without
her consent. The burden to prove the absence of consent rests throughout upon
the prosecution and never shifts. Consequently, the principal question that falls
for determination is whether the prosecution has succeeded in proving beyond
reasonable doubt that the admitted act of sexual intercourse was without the
consent of the prosecutrix. In the facts of the present case, the answer to that
question substantially depends upon the credibility and reliability of the
testimony of the prosecutrix (PW5), there being no eyewitness to the occurrence
Tested on the touchstone of the aforesaid principles, this Court
finds that the testimony of the prosecutrix does not inspire such confidence as
would justify recording a conviction solely on its basis without dependable
The foremost circumstance which creates a serious dent in the
absence, in extending to the accused the benefit of the doubt. In Tameezuddin
Tammu v. State (NCT of Delhi), (2009) 15 SCC 566, the Hon'ble Supreme
“It is true that in a case of rape the evidence of the prosecutrix
must be given predominant consideration, but to hold that this
evidence has to be accepted even if the story is improbable and
belies logic, would be doing violence to the very principles which
govern the appreciation of evidence in a criminal matter.”
At the outset, it deserves notice that the factum of sexual
the prosecutrix is not in dispute. In his
statement recorded under Section 313 of the Code of Criminal Procedure, the
appellant has admitted the sexual intercourse while setting up a specific plea that
the same was consensual. Such admission, however, does not absolve the
prosecution of its obligation to establish, by cogent, convincing and reliable
that the intercourse was against the will of the prosecutrix and without
her consent. The burden to prove the absence of consent rests throughout upon
the prosecution and never shifts. Consequently, the principal question that falls
for determination is whether the prosecution has succeeded in proving beyond
reasonable doubt that the admitted act of sexual intercourse was without the
ecutrix. In the facts of the present case, the answer to that
question substantially depends upon the credibility and reliability of the
testimony of the prosecutrix (PW5), there being no eyewitness to the occurrence
f the aforesaid principles, this Court
finds that the testimony of the prosecutrix does not inspire such confidence as
would justify recording a conviction solely on its basis without dependable
The foremost circumstance which creates a serious dent in the
, the Hon'ble Supreme
ecutrix. In the facts of the present case, the answer to that
testimony of the prosecutrix (PW5), there being no eyewitness to the occurrence
The foremost circumstance which creates a serious dent in the
CRA-S-1830-SB-2004
prosecution case is the inconsistency between the ocular version of the
prosecutrix and the medical evidence. While appearing in the witness box, the
prosecutrix categorically deposed that the a
sexual intercourse with her after a struggle. She further asserted that during the
occurrence, the appellant caused an injury with the kirpan on her left hand, as a
result whereof bleeding ensued and blood stains were left o
part of her testimony, however, does not find
PW9 Dr. Barinder Gill, who medico
the occurrence, categorically deposed that no injury whatsoever was found on
any part of her body, including her external genitalia. During cross
the witness reiterated that there was no external injury on her person. Likewise,
PW6 Hardeep Singh, the father
not noticed any injury on her body. Thus, the assertion of the prosecutrix that
she had sustained an injury on her left hand resulting
unsubstantiated.
21. It is true, as held in
SCC 635, that the mere absence of injuries on the person of the prosecutrix is
not, by itself, sufficient to falsify her otherwise cogent and trustworthy
testimony, and that a helpless submission under the threat of a weapon need not
necessarily leave marks of in
where the prosecutrix does not herself set up a case of active physical resistance.
22. It is true that the absence of injuries on the person of the prosecutrix
is not by itself decisive of the issue of co
conclusion that no offence of rape was committed. The law in this regard is well
settled. However, the present case stands on a different footing. It is not a case
where the Court is merely confronted with the absen
2004 -12-
prosecution case is the inconsistency between the ocular version of the
prosecutrix and the medical evidence. While appearing in the witness box, the
prosecutrix categorically deposed that the appellant had forcibly committed
sexual intercourse with her after a struggle. She further asserted that during the
occurrence, the appellant caused an injury with the kirpan on her left hand, as a
result whereof bleeding ensued and blood stains were left o
part of her testimony, however, does not find support
inder Gill, who medico-legally examined the prosecutrix soon after
the occurrence, categorically deposed that no injury whatsoever was found on
any part of her body, including her external genitalia. During cross
the witness reiterated that there was no external injury on her person. Likewise,
PW6 Hardeep Singh, the father-in-law of the prosecutrix, admitted that he had
y injury on her body. Thus, the assertion of the prosecutrix that
she had sustained an injury on her left hand resulting
It is true, as held in Ranjit Hazarika v. State of Assam, (1998) 8
, that the mere absence of injuries on the person of the prosecutrix is
not, by itself, sufficient to falsify her otherwise cogent and trustworthy
testimony, and that a helpless submission under the threat of a weapon need not
necessarily leave marks of injury. That principle, however, operates in a case
where the prosecutrix does not herself set up a case of active physical resistance.
It is true that the absence of injuries on the person of the prosecutrix
is not by itself decisive of the issue of consent, nor can it invariably lead to the
conclusion that no offence of rape was committed. The law in this regard is well
settled. However, the present case stands on a different footing. It is not a case
where the Court is merely confronted with the absen
prosecution case is the inconsistency between the ocular version of the
prosecutrix and the medical evidence. While appearing in the witness box, the
ppellant had forcibly committed
sexual intercourse with her after a struggle. She further asserted that during the
occurrence, the appellant caused an injury with the kirpan on her left hand, as a
result whereof bleeding ensued and blood stains were left on her clothes. This
support from the medical evidence.
legally examined the prosecutrix soon after
the occurrence, categorically deposed that no injury whatsoever was found on
any part of her body, including her external genitalia. During cross-examination,
the witness reiterated that there was no external injury on her person. Likewise,
law of the prosecutrix, admitted that he had
y injury on her body. Thus, the assertion of the prosecutrix that
she had sustained an injury on her left hand resulting in bleeding remains wholly
Ranjit Hazarika v. State of Assam, (1998) 8
, that the mere absence of injuries on the person of the prosecutrix is
not, by itself, sufficient to falsify her otherwise cogent and trustworthy
testimony, and that a helpless submission under the threat of a weapon need not
jury. That principle, however, operates in a case
where the prosecutrix does not herself set up a case of active physical resistance.
It is true that the absence of injuries on the person of the prosecutrix
nsent, nor can it invariably lead to the
conclusion that no offence of rape was committed. The law in this regard is well
settled. However, the present case stands on a different footing. It is not a case
where the Court is merely confronted with the absence of injuries. Rather, the
n her clothes. This
the occurrence, categorically deposed that no injury whatsoever was found on
law of the prosecutrix, admitted that he had
not, by itself, sufficient to falsify her otherwise cogent and trustworthy
jury. That principle, however, operates in a case
nsent, nor can it invariably lead to the
CRA-S-1830-SB-2004
prosecutrix has positively asserted that she resisted the appellant, that a struggle
had ensued and, more importantly, that she sustained a specific kirpan injury on
her left hand which resulted in bleeding. When such a specific
to be wholly inconsistent with the medical evidence, the contradiction assumes
considerable significance. It is no longer a mere absence of corroboration but a
positive circumstance affecting the intrinsic reliability of the prosecution
version. The testimony of the prosecutrix, therefore, cannot be appreciated in
isolation from the medical evidence. The inconsistency between the two
introduces an element of doubt regarding the manner in which the occurrence is
alleged to have taken plac
version at its face value without careful scrutiny of the remaining evidence on
record.
23. The prosecution version also gives rise to certain circumstances
which cannot be ignored while appreciating
According to her own deposition, the occurrence took place inside the room
occupied by her, where her two minor children, aged about five years and four
years, were sleeping. Her parents
per her version, the appellant scaled the boundary wall, entered the room at
about midnight, threatened her with a kirpan, removed her clothes and
committed forcible sexual intercourse. The occurrence, thus, was not
instantaneous but
difficult to overlook that, according to the prosecution itself, the two children
sleeping in the same room did not wake up during the alleged occurrence.
Equally, there is nothing to indicate that the parent
the adjoining room, became aware of the occurrence until the prosecutrix is
stated to have raised an alarm after the alleged act had been committed. No
2004 -13-
prosecutrix has positively asserted that she resisted the appellant, that a struggle
had ensued and, more importantly, that she sustained a specific kirpan injury on
her left hand which resulted in bleeding. When such a specific
to be wholly inconsistent with the medical evidence, the contradiction assumes
considerable significance. It is no longer a mere absence of corroboration but a
positive circumstance affecting the intrinsic reliability of the prosecution
The testimony of the prosecutrix, therefore, cannot be appreciated in
isolation from the medical evidence. The inconsistency between the two
introduces an element of doubt regarding the manner in which the occurrence is
alleged to have taken place and, consequently, renders it unsafe to accept her
version at its face value without careful scrutiny of the remaining evidence on
The prosecution version also gives rise to certain circumstances
which cannot be ignored while appreciating the testimony of the prosecutrix.
According to her own deposition, the occurrence took place inside the room
occupied by her, where her two minor children, aged about five years and four
years, were sleeping. Her parents-in-law were occupying the adjoining
per her version, the appellant scaled the boundary wall, entered the room at
about midnight, threatened her with a kirpan, removed her clothes and
committed forcible sexual intercourse. The occurrence, thus, was not
instantaneous but is alleged to have continued for
difficult to overlook that, according to the prosecution itself, the two children
sleeping in the same room did not wake up during the alleged occurrence.
Equally, there is nothing to indicate that the parent
the adjoining room, became aware of the occurrence until the prosecutrix is
stated to have raised an alarm after the alleged act had been committed. No
prosecutrix has positively asserted that she resisted the appellant, that a struggle
had ensued and, more importantly, that she sustained a specific kirpan injury on
her left hand which resulted in bleeding. When such a specific assertion is found
to be wholly inconsistent with the medical evidence, the contradiction assumes
considerable significance. It is no longer a mere absence of corroboration but a
positive circumstance affecting the intrinsic reliability of the prosecution
The testimony of the prosecutrix, therefore, cannot be appreciated in
isolation from the medical evidence. The inconsistency between the two
introduces an element of doubt regarding the manner in which the occurrence is
e and, consequently, renders it unsafe to accept her
version at its face value without careful scrutiny of the remaining evidence on
The prosecution version also gives rise to certain circumstances
the testimony of the prosecutrix.
According to her own deposition, the occurrence took place inside the room
occupied by her, where her two minor children, aged about five years and four
law were occupying the adjoining room. As
per her version, the appellant scaled the boundary wall, entered the room at
about midnight, threatened her with a kirpan, removed her clothes and
committed forcible sexual intercourse. The occurrence, thus, was not
for some time. It is, however,
difficult to overlook that, according to the prosecution itself, the two children
sleeping in the same room did not wake up during the alleged occurrence.
Equally, there is nothing to indicate that the parents-in-law, who were occupying
the adjoining room, became aware of the occurrence until the prosecutrix is
stated to have raised an alarm after the alleged act had been committed. No
had ensued and, more importantly, that she sustained a specific kirpan injury on
to be wholly inconsistent with the medical evidence, the contradiction assumes
considerable significance. It is no longer a mere absence of corroboration but a
e and, consequently, renders it unsafe to accept her
According to her own deposition, the occurrence took place inside the room
room. As
per her version, the appellant scaled the boundary wall, entered the room at
law, who were occupying
CRA-S-1830-SB-2004
independent witness from the neighbourhood has also been associated, though
the occurrence is alleged to have taken place in a residential locality. While none
of these circumstances, viewed in isolation, may be decisive, they nevertheless
constitute relevant factors which require the testimony of the prosecutrix to be
examined with greater
24. Another circumstance relied upon by the prosecution is the
presence of injuries on the person of the appellant. PW4 Dr. Rajan Bhatti noticed
multiple abrasions and scrape marks on different parts of the body of the
appellant. The prosecution, however, has not led any evidence to establish the
manner in which those injuries were sustained or to connect them with the
occurrence in question. Likewise, the medical witness has not expressed any
opinion as to the precise m
In these circumstances, the injuries found on the person of the appellant are, by
themselves, incapable of advancing the prosecution case one way or the other.
At the same time, the prosecution has also
their presence. The evidentiary value of these injuries, therefore, remains
inconclusive. They neither lend assurance to the prosecution version nor can
they be treated as circumstances corroborating the allegation that th
intercourse was against the will or without the consent of the prosecutrix. Their
significance, if any, can only be appreciated while evaluating the prosecution
case as a whole.
25. The circumstances attending the lodging of the First Information
Report also merit consideration. The occurrence is alleged to have taken place at
about 12.00 midnight intervening the night of 05/06.02.2004
prosecution the in
2004 -14-
independent witness from the neighbourhood has also been associated, though
the occurrence is alleged to have taken place in a residential locality. While none
of these circumstances, viewed in isolation, may be decisive, they nevertheless
constitute relevant factors which require the testimony of the prosecutrix to be
ith greater circumspection.
Another circumstance relied upon by the prosecution is the
presence of injuries on the person of the appellant. PW4 Dr. Rajan Bhatti noticed
multiple abrasions and scrape marks on different parts of the body of the
appellant. The prosecution, however, has not led any evidence to establish the
manner in which those injuries were sustained or to connect them with the
occurrence in question. Likewise, the medical witness has not expressed any
opinion as to the precise manner in which such injuries
In these circumstances, the injuries found on the person of the appellant are, by
themselves, incapable of advancing the prosecution case one way or the other.
At the same time, the prosecution has also not furnished any explanation for
their presence. The evidentiary value of these injuries, therefore, remains
inconclusive. They neither lend assurance to the prosecution version nor can
they be treated as circumstances corroborating the allegation that th
intercourse was against the will or without the consent of the prosecutrix. Their
significance, if any, can only be appreciated while evaluating the prosecution
The circumstances attending the lodging of the First Information
Report also merit consideration. The occurrence is alleged to have taken place at
about 12.00 midnight intervening the night of 05/06.02.2004
prosecution the in-laws of the prosecutrix got to know about the occurrence on
independent witness from the neighbourhood has also been associated, though
the occurrence is alleged to have taken place in a residential locality. While none
of these circumstances, viewed in isolation, may be decisive, they nevertheless
constitute relevant factors which require the testimony of the prosecutrix to be
Another circumstance relied upon by the prosecution is the
presence of injuries on the person of the appellant. PW4 Dr. Rajan Bhatti noticed
multiple abrasions and scrape marks on different parts of the body of the
appellant. The prosecution, however, has not led any evidence to establish the
manner in which those injuries were sustained or to connect them with the
occurrence in question. Likewise, the medical witness has not expressed any
injuries could have been caused.
In these circumstances, the injuries found on the person of the appellant are, by
themselves, incapable of advancing the prosecution case one way or the other.
not furnished any explanation for
their presence. The evidentiary value of these injuries, therefore, remains
inconclusive. They neither lend assurance to the prosecution version nor can
they be treated as circumstances corroborating the allegation that the sexual
intercourse was against the will or without the consent of the prosecutrix. Their
significance, if any, can only be appreciated while evaluating the prosecution
The circumstances attending the lodging of the First Information
Report also merit consideration. The occurrence is alleged to have taken place at
about 12.00 midnight intervening the night of 05/06.02.2004, and as per the
laws of the prosecutrix got to know about the occurrence on
the occurrence is alleged to have taken place in a residential locality. While none
of these circumstances, viewed in isolation, may be decisive, they nevertheless
multiple abrasions and scrape marks on different parts of the body of the
manner in which those injuries were sustained or to connect them with the
occurrence in question. Likewise, the medical witness has not expressed any
In these circumstances, the injuries found on the person of the appellant are, by
inconclusive. They neither lend assurance to the prosecution version nor can
e sexual
CRA-S-1830-SB-2004
the same night but
evidence itself reveals that before the matter was reported to the police, it was
taken before the village Panchayat in an attempt to bring about a settlement
between the parties.
prosecution case and, in an appropriate case, an attempt to resolve the matter
through elders or a Panchayat may constitute a plausible explanation.
Nevertheless, the fact remains that the criminal law was
immediately after the occurrence. The intervening circumstances preceding the
registration of the FIR deprive the prosecution version of the spontaneity which
ordinarily lends assurance to its truthfulness. Though this circumstance alone
may not be sufficient to discard the prosecution case, it is certainly a relevant
factor which has to be borne in mind while appreciating the overall reliability of
the prosecution evidence.
26. Nor does the other evidence led by the prosecution furnish
independent assurance on the crucial issue of absence of consent. PW6 Hardeep
Singh admittedly did not witness the occurrence. His testimony is confined to
the events which allegedly transpired after the prosecutrix raised an alarm and,
therefore, cannot be treated as corroboration of the actual act of sexual
intercourse or the
pursuant to the disclosure statement of the appellant does not materially advance
the prosecution case. At the highest, t
recovery of the weapon. It does not, by itself, prove that the sexual intercourse
was against the will or without the consent of the prosecutrix, which is the real
controversy requiring
2004 -15-
the same night but the FIR came to be registered on 06.02.2004. The prosecution
evidence itself reveals that before the matter was reported to the police, it was
taken before the village Panchayat in an attempt to bring about a settlement
parties. No doubt, every delay in lodging the FIR is not fatal to the
prosecution case and, in an appropriate case, an attempt to resolve the matter
through elders or a Panchayat may constitute a plausible explanation.
Nevertheless, the fact remains that the criminal law was
immediately after the occurrence. The intervening circumstances preceding the
registration of the FIR deprive the prosecution version of the spontaneity which
ordinarily lends assurance to its truthfulness. Though this circumstance alone
may not be sufficient to discard the prosecution case, it is certainly a relevant
factor which has to be borne in mind while appreciating the overall reliability of
evidence.
Nor does the other evidence led by the prosecution furnish
independent assurance on the crucial issue of absence of consent. PW6 Hardeep
Singh admittedly did not witness the occurrence. His testimony is confined to
the events which allegedly transpired after the prosecutrix raised an alarm and,
ot be treated as corroboration of the actual act of sexual
the absence of consent. Likewise, the recovery of the kirpan
pursuant to the disclosure statement of the appellant does not materially advance
the prosecution case. At the highest, the recovery establishes the factum of
recovery of the weapon. It does not, by itself, prove that the sexual intercourse
was against the will or without the consent of the prosecutrix, which is the real
controversy requiring determination in the present
the FIR came to be registered on 06.02.2004. The prosecution
evidence itself reveals that before the matter was reported to the police, it was
taken before the village Panchayat in an attempt to bring about a settlement
every delay in lodging the FIR is not fatal to the
prosecution case and, in an appropriate case, an attempt to resolve the matter
through elders or a Panchayat may constitute a plausible explanation.
Nevertheless, the fact remains that the criminal law was not set in motion
immediately after the occurrence. The intervening circumstances preceding the
registration of the FIR deprive the prosecution version of the spontaneity which
ordinarily lends assurance to its truthfulness. Though this circumstance alone
may not be sufficient to discard the prosecution case, it is certainly a relevant
factor which has to be borne in mind while appreciating the overall reliability of
Nor does the other evidence led by the prosecution furnish any
independent assurance on the crucial issue of absence of consent. PW6 Hardeep
Singh admittedly did not witness the occurrence. His testimony is confined to
the events which allegedly transpired after the prosecutrix raised an alarm and,
ot be treated as corroboration of the actual act of sexual
Likewise, the recovery of the kirpan
pursuant to the disclosure statement of the appellant does not materially advance
he recovery establishes the factum of
recovery of the weapon. It does not, by itself, prove that the sexual intercourse
was against the will or without the consent of the prosecutrix, which is the real
present case.
evidence itself reveals that before the matter was reported to the police, it was
taken before the village Panchayat in an attempt to bring about a settlement
factor which has to be borne in mind while appreciating the overall reliability of
any
he recovery establishes the factum of
was against the will or without the consent of the prosecutrix, which is the real
CRA-S-1830-SB-2004
27. Similarly, the report of the Chemical Examiner also does not carry
the prosecution case any further. The factum of sexual intercourse is not in
dispute, the appellant having admitted the same while setting up the plea of
consent. The Chemical Ex
assistance in determining the pivotal issue, namely, whether the admitted act of
sexual intercourse was consensual or otherwise.
28. When the evidence is appreciated in its entirety, the cumulative
effect of the aforesaid circumstances cannot be overlooked. The inconsistency
between the ocular version and the medical evidence, the absence of any medical
support to the specific allegation of a kirpan injury, the circumstances attending
the alleged occurrence
person of the appellant, the circumstances preceding the registration of the FIR
and the absence of independent corroboration on the crucial issue of consent,
when viewed collectively, create a reasona
version. Though each of these circumstances, taken individually, may not be
sufficient to discredit the prosecution case, their cumulative effect materially
affects the credibility
however strong, cannot take the place of proof.
29. It is
the evidence available on record, the one favourable to the accused must
ordinarily prevail. The prosecution is required to establish its case beyond
reasonable doubt and the benefit of every reasonable doubt
ensure to the accused.
present case, this Court is of the considered opinion that the testimony of the
prosecutrix does not possess that degree of intrinsic reliability which would
2004 -16-
Similarly, the report of the Chemical Examiner also does not carry
the prosecution case any further. The factum of sexual intercourse is not in
dispute, the appellant having admitted the same while setting up the plea of
consent. The Chemical Examiner’s report, therefore, does not furnish any
assistance in determining the pivotal issue, namely, whether the admitted act of
sexual intercourse was consensual or otherwise.
When the evidence is appreciated in its entirety, the cumulative
of the aforesaid circumstances cannot be overlooked. The inconsistency
between the ocular version and the medical evidence, the absence of any medical
support to the specific allegation of a kirpan injury, the circumstances attending
the alleged occurrence, the inconclusive nature of the injuries found on the
person of the appellant, the circumstances preceding the registration of the FIR
and the absence of independent corroboration on the crucial issue of consent,
when viewed collectively, create a reasonable doubt regarding the prosecution
version. Though each of these circumstances, taken individually, may not be
sufficient to discredit the prosecution case, their cumulative effect materially
affects the credibility of the prosecution evidence.
however strong, cannot take the place of proof.
It is a settled law that where two views are reasonably possible on
the evidence available on record, the one favourable to the accused must
ordinarily prevail. The prosecution is required to establish its case beyond
reasonable doubt and the benefit of every reasonable doubt
accused. Applying the aforesaid principles to the facts of the
present case, this Court is of the considered opinion that the testimony of the
prosecutrix does not possess that degree of intrinsic reliability which would
Similarly, the report of the Chemical Examiner also does not carry
the prosecution case any further. The factum of sexual intercourse is not in
dispute, the appellant having admitted the same while setting up the plea of
aminer’s report, therefore, does not furnish any
assistance in determining the pivotal issue, namely, whether the admitted act of
When the evidence is appreciated in its entirety, the cumulative
of the aforesaid circumstances cannot be overlooked. The inconsistency
between the ocular version and the medical evidence, the absence of any medical
support to the specific allegation of a kirpan injury, the circumstances attending
, the inconclusive nature of the injuries found on the
person of the appellant, the circumstances preceding the registration of the FIR
and the absence of independent corroboration on the crucial issue of consent,
ble doubt regarding the prosecution
version. Though each of these circumstances, taken individually, may not be
sufficient to discredit the prosecution case, their cumulative effect materially
evidence. It is trite that suspicion,
where two views are reasonably possible on
the evidence available on record, the one favourable to the accused must
ordinarily prevail. The prosecution is required to establish its case beyond
reasonable doubt and the benefit of every reasonable doubt must necessarily
Applying the aforesaid principles to the facts of the
present case, this Court is of the considered opinion that the testimony of the
prosecutrix does not possess that degree of intrinsic reliability which would
Similarly, the report of the Chemical Examiner also does not carry
aminer’s report, therefore, does not furnish any
of the aforesaid circumstances cannot be overlooked. The inconsistency
between the ocular version and the medical evidence, the absence of any medical
support to the specific allegation of a kirpan injury, the circumstances attending
, the inconclusive nature of the injuries found on the
sufficient to discredit the prosecution case, their cumulative effect materially
the evidence available on record, the one favourable to the accused must
Applying the aforesaid principles to the facts of the
prosecutrix does not possess that degree of intrinsic reliability which would
CRA-S-1830-SB-2004
justify sustaining the conviction solely on its basis. The evidence led by the
prosecution falls short of the standard of proof required in criminal jurisprudence
to establish beyond reasonable doubt that the admitted act of sexual intercourse
was against the wil
the appellant is entitled
30. Once the prosecution fails to establish the charge under Section 376
IPC beyond reasonable doubt, the conviction recorded under Section 450
also cannot be sustained. The prosecution alleged that the appellant committed
house-trespass in order to commit the offence punishable under Section 376 IPC.
Since the prosecution has failed to prove beyond reasonable doubt that the
offence under Sect
conviction under Section
31. The learned trial Court, while returning the finding of guilt, did not
accord due weight to the material infirmities and inconsistencies noticed
hereinabove. The conclusions drawn by it, therefore, cannot
deserve to be set aside.
32. For all the foregoing reasons, this Court is of the considered view
that the prosecution has failed to bring home the charge against the appellant
beyond reasonable doubt, and that the appellant is entitled to the benefit of the
doubt.
33. Accordingly, the present appeal is allowed. The impugned
judgment of conviction and the order of sentence dated 31.07.2004 passed by the
learned Additional Sessio
and the appellant, Avtar Singh alias Kala, is acquitted of the charges framed
against him under Sections 376 and 450 of the Indian Penal Code, by extending
2004 -17-
sustaining the conviction solely on its basis. The evidence led by the
prosecution falls short of the standard of proof required in criminal jurisprudence
to establish beyond reasonable doubt that the admitted act of sexual intercourse
was against the will of the prosecutrix and without her consent. Consequently,
the appellant is entitled to the benefit of doubt.
Once the prosecution fails to establish the charge under Section 376
IPC beyond reasonable doubt, the conviction recorded under Section 450
also cannot be sustained. The prosecution alleged that the appellant committed
trespass in order to commit the offence punishable under Section 376 IPC.
Since the prosecution has failed to prove beyond reasonable doubt that the
offence under Section 376 IPC was committed, the foundation on which the
conviction under Section 450 IPC rests also fails.
The learned trial Court, while returning the finding of guilt, did not
accord due weight to the material infirmities and inconsistencies noticed
hereinabove. The conclusions drawn by it, therefore, cannot
aside.
For all the foregoing reasons, this Court is of the considered view
that the prosecution has failed to bring home the charge against the appellant
beyond reasonable doubt, and that the appellant is entitled to the benefit of the
Accordingly, the present appeal is allowed. The impugned
judgment of conviction and the order of sentence dated 31.07.2004 passed by the
learned Additional Sessions Judge, Fast Track Court, Kapurthala, are set aside,
and the appellant, Avtar Singh alias Kala, is acquitted of the charges framed
against him under Sections 376 and 450 of the Indian Penal Code, by extending
sustaining the conviction solely on its basis. The evidence led by the
prosecution falls short of the standard of proof required in criminal jurisprudence
to establish beyond reasonable doubt that the admitted act of sexual intercourse
l of the prosecutrix and without her consent. Consequently,
Once the prosecution fails to establish the charge under Section 376
IPC beyond reasonable doubt, the conviction recorded under Section 450 IPC
also cannot be sustained. The prosecution alleged that the appellant committed
trespass in order to commit the offence punishable under Section 376 IPC.
Since the prosecution has failed to prove beyond reasonable doubt that the
ion 376 IPC was committed, the foundation on which the
The learned trial Court, while returning the finding of guilt, did not
accord due weight to the material infirmities and inconsistencies noticed
hereinabove. The conclusions drawn by it, therefore, cannot be sustained and
For all the foregoing reasons, this Court is of the considered view
that the prosecution has failed to bring home the charge against the appellant
beyond reasonable doubt, and that the appellant is entitled to the benefit of the
Accordingly, the present appeal is allowed. The impugned
judgment of conviction and the order of sentence dated 31.07.2004 passed by the
ns Judge, Fast Track Court, Kapurthala, are set aside,
and the appellant, Avtar Singh alias Kala, is acquitted of the charges framed
against him under Sections 376 and 450 of the Indian Penal Code, by extending
l of the prosecutrix and without her consent. Consequently,
trespass in order to commit the offence punishable under Section 376 IPC.
Since the prosecution has failed to prove beyond reasonable doubt that the
ion 376 IPC was committed, the foundation on which the
For all the foregoing reasons, this Court is of the considered view
beyond reasonable doubt, and that the appellant is entitled to the benefit of the
Accordingly, the present appeal is allowed. The impugned
judgment of conviction and the order of sentence dated 31.07.2004 passed by the
and the appellant, Avtar Singh alias Kala, is acquitted of the charges framed
CRA-S-1830-SB-2004
to him the benefit of the doubt.
accordingly stand discharged
34. Pending application(s), if any, shall also stand disposed of.
29.07.2026
puneet
Whether speaking/reasoned
Whether reportable
2004 -18-
to him the benefit of the doubt. His bail bonds and surety bonds sha
accordingly stand discharged.
Pending application(s), if any, shall also stand disposed of.
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
bonds and surety bonds shall
Pending application(s), if any, shall also stand disposed of.
(RUPINDERJIT CHAHAL)
JUDGE
In a significant ruling, the High Court of Punjab and Haryana at Chandigarh recently overturned a Rape Conviction Appeal, underscoring the critical importance of establishing the absence of Consent in Sexual Assault Cases. This judgment, dated July 29, 2026, and officially uploaded on CaseOn, serves as a crucial precedent for legal professionals, highlighting the meticulous standards of proof required by the Indian legal system in matters of sexual assault.
The case, CRA-S-1830-SB-2004, involved appellant Avtar Singh, who was convicted by the Additional Sessions Judge, Fast Track Court, Kapurthala, on July 31, 2004. He had been sentenced to seven years of rigorous imprisonment and a fine under Sections 376 (Rape) and 450 (House-trespass in order to commit offence punishable with imprisonment for life) of the Indian Penal Code (IPC).
The prosecution's case was based on the prosecutrix's statement that on the night of February 5/6, 2004, Avtar Singh (alias Kala) forcibly entered her home, threatened her with a kirpan (sword), and committed sexual intercourse against her will. She alleged a struggle, after which she raised an alarm, prompting her in-laws to arrive, and the accused to flee. An initial attempt at a village Panchayat settlement failed, leading to the registration of an FIR.
Avtar Singh denied the allegations, claiming false implication. His defence rested on the assertion that the sexual intercourse was consensual, and that the prosecutrix herself had invited him into her room.
The central question before the High Court was whether the prosecution had succeeded in proving, beyond a reasonable doubt, that the sexual intercourse was indeed against the will and without the consent of the prosecutrix. This determination was crucial for sustaining the convictions under Sections 376 and 450 IPC.
The Court relied on several established legal principles:
Justice Rupinderjit Chahal meticulously examined the evidence and identified several critical inconsistencies and infirmities in the prosecution's case:
CaseOn.in offers 2-minute audio briefs that can help legal professionals quickly grasp these nuanced analyses, providing a concise summary of how the court weighed contradictory evidence and legal precedents in this and similar rulings on Rape Conviction Appeal and Consent in Sexual Assault Cases.
Considering the cumulative effect of these material infirmities and inconsistencies, the High Court concluded that the prosecution had failed to prove, beyond a reasonable doubt, that the sexual intercourse was against the will and without the consent of the prosecutrix. The prosecutrix's testimony, in light of the contradictions, did not possess the 'sterling quality' required for conviction without dependable corroboration.
Consequently, with the foundation of the Section 376 IPC charge weakened, the conviction under Section 450 IPC (house-trespass with intent to commit rape) also could not be sustained. The Court held that suspicion, no matter how strong, cannot replace proof and that the benefit of doubt must accrue to the accused.
The appeal was allowed. The impugned judgment of conviction and the order of sentence passed by the trial court were set aside, and the appellant, Avtar Singh alias Kala, was acquitted of all charges under Sections 376 and 450 of the Indian Penal Code.
The High Court's judgment meticulously dissected the prosecution's case in a rape and house-trespass matter. It highlighted crucial discrepancies between the prosecutrix's allegations of injury and the medical findings, the unexplained injuries on the accused, the prosecutrix's unnatural conduct (delay in raising alarm), and the lack of independent corroboration on the central issue of consent. The court found that these factors, when considered together, created a reasonable doubt regarding the forcible nature of the sexual act, leading to the appellant's acquittal.
This judgment serves as a vital lesson in criminal jurisprudence, particularly for cases involving sexual assault:
Please note that all information provided in this article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy and reflect the nuances of the judgment, specific legal advice should always be sought from a qualified legal professional.
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