As per case facts, the prosecutrix appealed against the acquittal of respondents in a rape case. She claimed she was enticed with a job offer, then assaulted and filmed by ...
CRA-AD-246-2026 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRA-AD-246-2026 (O&M)
Date of Reserved: 08.07.2026
Date of Pronouncement: 17.07.2026
Uploaded on : 17.07.2026
RXXX KXXX ....Appellant.
Versus
State of Punjab and others ...Respondents.
***
CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
HON'BLE MRS. JUSTICE SUKHVINDER KAUR
.......
Present:Ms. Harkirat Kaur, Advocate for
Mr. Sandeep Arora, Advocate
for the appellant.
Mr. Mohit Kapoor, Sr. DAG, Punjab.
***
Sukhvinder Kaur , J.
1. Appellant/ prosecutrix has preferred the instant appeal against
judgment dated 05.03.2026, passed by learned Additional Sessions Judge,
Fast Track Court Exclusively Dealing with Rape Cases, Jalandhar, vide
which respondents No.2 and 3 have been acquitted.
2. The present FIR was got registered on the basis of statement of
the prosecutrix that on 09.06.2022, she along with her friends went to Devi
Talab Mandir to pay obeisance. After paying obeisance, when they were
sitting in the Mandir, one unknown girl came there and enquired from them
about their whereabouts and occupation. The prosecutrix disclosed that they
had come from Gurdaspur and she was running a parlour. The prosecutrix
CRA-AD-246-2026 (O&M) 2
also told her that she wanted to do some job and the above said unknown
girl assured her that she could arrange government or private job for them.
She told her that one boy namely, Lovejeet known to her could arrange the
job and she took her mobile number. She further stated that on 05.10.2022,
respondent No.2 made a phone call to her and told her that he had arranged
a job for her and asked her to come to Jalandhar. The prosecutrix reached at
Bus Stand, Jalandhar on 07.10.2022 at 10/11:00 A.M. and respondent No.2
asked her to accompany him to a hotel for interview. Respondent No.2 took
her to room No.104 of Hotel Umeed, where prosecutrix found that no
interview was being conducted and when she enquired about it, respondent
No.2 forcibly locked the room from inside and committed indecent acts with
her against her wishes and threatened her that if she would not make
physical relations with him, then he would kill her and when she raised
alarm, he gave her beatings. Then, respondent No.2 made physical relations
with her without her consent and also recorded her obscene videos. He often
threatened her not to disclose anything to anyone, otherwise, he would viral
her videos on the social media and to her family. She got frightened and did
not disclose anything to her parents, but when she felt pain, she disclosed
the entire incident to her parents. On her aforesaid statement FIR was
registered under Sections 342, 376, 201 and 506 IPC. During investigation,
rough site plan of place of occurrence was prepared. Medical examination
of the victim was got conducted. The statement of complainant under
Section 164 Cr.P.C. was got recorded. Accused was arrested. After
completion of investigation and necessary formalities the challan against the
accused was presented for offences punishable under Sections 342, 376, 201
and 506 IPC before the Court of learned Illaqa Magistrate.
CRA-AD-246-2026 (O&M) 3
3. After finding a prima facie case against the accused, they were
charge-sheeted for the offence punishable under Sections 342, 376, 201 and
506 IPC, to which they pleaded not guilty and claimed trial.
4. In order to prove its case, the prosecution has examined PW1-
Gurdev Singh, PW2- Dr. Gourav Sehthi, Radiologist, PW3-Dr. Satwinder
Kaur, PW4-Neeraj Kumar, Manager of Hotel Umeed Grand, Jalandhar,
PW5-Senior Constable Sarabjit Kaur, PW6-prosecutrix/ victim, PW7-
Deepak Raj, PW8-DSP Rajesh Kumar Sharma, PW9-Retired Inspector
Nirmal Singh, PW-10 Sh. Mohinder Partap Singh Libra, Judicial Magistrate
Ist Class, Malout, PW11-SI Manju Bala, Investigating Officer, PW12-ASI
Bau Dass and PW13-Senior Constable Sunny.
5. Statement of accused under Section 313 Cr.P.C. were recorded
in which, all incriminating evidence was put to them, which they denied and
pleaded innocence. In their defence evidence, the accused have examined
DW1-Lady Constable Amandeep Kaur, DW2 HC Sarabjit Singh, DW3
Anand Singh, Assistant Manager of Newspaper Nawan Zamana, Jalandhar,
DW4-ASI Pawan Kumar, DW5-Kala, DW6-Joginder Singh and DW7-
Karan Sharma.
6. After considering the evidence on record, learned trial Court
found the same to be woefully insufficient to convict the accused who were
accordingly acquitted of the offences for which they had been charge-
sheeted, vide impugned judgment dated 05.03.2026.
7. Aggrieved of the said decision, present appeal has been filed by
the appellant/ prosecutrix challenging acquittal of the accused/ respondents
No.2 and 3.
CRA-AD-246-2026 (O&M) 4
8. Learned counsel for the appellant opened up his arguments with
the contention that despite the cogent, reliable and trustworthy evidence
adduced by the prosecution, the learned trial Court has erroneously held the
prosecution case to be doubtful. From deposition of PW6 prosecutrix and
PW4 Neeraj Kumar, Manager of Hotel Umeed Grand, it was duly proved
that on the day of occurrence i.e. on 07.10.2022, accused Lovejeet Singh
had taken the prosecutrix to the Umeed Hotel at Jalandhar on the pretext of
taking interview and had committed rape upon her against her wishes. The
prosecutrix was not responsible for the delay caused in registration of the
present FIR which fact had been ignored by learned trial Court. The FIR in
the present case was registered only after directions were issued by this
Court vide order dated 14.11.2022 in CRM-M-52121-2022. Thus, delay in
lodging of the FIR occurred primarily due to inaction and failure of the
investigating authorities, who initially did not register the same on the
complaint of the victim. He further argued that it is the settled law that
conviction can solely be based upon the trustworthy testimony of the
prosecutrix and absence of any medical corroboration, is not fatal to the
prosecution case. He thus prayed that this appeal be accepted, judgment
dated 05.03.2026 be set aside and accused be convicted for the offences as
charged with and be punished in accordance with law.
9. After having heard learned counsel for the appellant at length
and having perused the impugned judgment as well as other relevant record,
we are of the considered opinion that prosecution in the instant matter was
unable to prove its case against the accused beyond the reasonable doubt.
10. Law in this respect has been well settled by Hon'ble Supreme
Court that even solitary statement of prosecutrix is sufficient to prove the
CRA-AD-246-2026 (O&M) 5
allegations of rape against the accused, if her statement is unblemished,
consistent and dehors concoction and if she is a 'sterling witness'.
11. It has been held by Hon'ble the Supreme Court in Rai Sandeep
alias Deepu Vs. State of NCT of Delhi (2012) 8 SCC 21 as under:
“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 witness would 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
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 factum of the occurrence, 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 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 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 be held that such a witness can
CRA-AD-246-2026 (O&M) 6
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 particulars 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.”
12. In Tameezuddln alias Tammu Vs. State (NCT of Delhi),
(2009) 15 SCC 566, it has been held that though evidence of 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. It has been held as follows:
"9. 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 belles logic, would be doing violence to the
very principles which govern the appreciation of evidence in a
criminal matter. We are of the opinion that story is indeed
improbable.”
13. Now adverting to the present case, it is to be seen that whether
the prosecutrix falls within the definition of 'sterling witness' as projected by
Hon'ble Supreme Court. Prosecutrix appeared into the witness box as PW6
in the present case and perusal of her statement reveals that on certain
aspects her story belied logic and at times her version is contradictory to the
other evidence available on record.
CRA-AD-246-2026 (O&M) 7
14. First version of the prosecutrix came in her statement Ex.PA
made before the police. She also suffered statement under Section 164
Cr.P.C. Ex.PB before learned Magistrate. The perusal of aforesaid
statements reveals that version given in those statements is contradictory in
some material aspects to her testimony given in the Court while appearing
as PW6. In her statement Ex.PA, she stated that on 09.06.2022, she went to
Devi Talab Mandir along with her friends at about 10:00 A.M.. After paying
obeisance, when they were sitting in the temple then one unknown girl
started talking to them and after taking their introduction told them that if
any of them wanted to get some government or private job then a person,
namely, Lovejeet Singh could arrange the same. On expressing her
willingness to arrange some job for her, she took her mobile number. On
05.10.2022, she received a phone call from Lovejeet Singh, who told her
that he would arrange a job for her and asked her to come to Jalandhar. Then
on 07.10.2022, she reached at Bus Stand, Jalandhar and from the bus stand
accused Lovejeet Singh took her in white colour Bolero while saying that an
interview was being held at Umeed Grand Hotel, Jalandhar. When they
reached in room No.104 at the said hotel, no other girl was present there for
interview and when she asked him about the same, then he locked the door
of the room forcibly, snatched her phone and transferred the data of her
phone to his mobile phone. He started doing immoral acts with her and
forcibly removed her clothes and threatened her that if she would not
develop physical relations with him he would kill her. When she tried to
raise hue and cry, he assaulted her physically. He also prepared her obscene
video and threatened her that if she would disclose the same to anybody,
then he would make the said video viral to her family. Thereafter, she came
CRA-AD-246-2026 (O&M) 8
back to her house but did not tell about the occurrence to her parents. Then
she moved an application to the police. Her medical examination was got
conducted and her statement was also get recorded before the learned Area
Magistrate.
15. In her cross-examination, she stated that accused Lovejeet
Singh met her for the first time at Devi Talab Mandir on 09.06.2022. For the
second time, he met her at Hotel Meet Grand near Garha, Jalandhar, where
he had called her.
16. Thus, as per her statement Ex.PA, an unknown girl had made
reference of accused Lovejeet Singh to her, when she met her at Devi Talab
Mandir on 09.06.2022. She never stated in her statement Ex.PA as stated by
her in her cross-examination, that she had met accused Lovejeet Singh there
for the first time on 09.06.2022 itself. There is nothing in her statement
Ex.PA that on 09.06.2022 accused Lovejeet Singh was also present at Devi
Talab Mandir and had met her there. Even this fact is also missing in her
examination-in-chief and only during her cross-examination she made the
improved version that Lovejeet Singh had met her for the first time on
09.06.2022 itself at Devi Talab Mandir, which raises a strong doubt
regarding the veracity of statement of prosecutrix.
17. Admittedly, the victim in this case was a major lady and as per
version of the victim she was resident of village Yadpur, District Gurdaspur
and represented herself as daughter of Kala resident of village Yadpur. As
per copy of Aadhar Card of the prosecutrix produced on record name of
guardian has been mentioned as Kala Singh. However, she admitted that
Kala was not her real father and she did not know the name of her mother.
She was brought up by said Kala since the age of 06 months. On the other
CRA-AD-246-2026 (O&M) 9
hand said Kala while appearing in the witness box as DW5 denied it and
stated that victim was brought to his house by one Harjit Singh, who told
him that she was alone and requested him to let her stay for few days. She
stayed at his house for about 03 months and later on she got prepared her
Aadhar Card mentioning his name as father and at his address without his
consent. He moved a complaint regarding it to the police after registration
of FIR.
18. DW6 Joginder Singh also resident of village Yadpur supported
the version of Kala Singh and stated that they had also got attested the
affidavit before Executive Magistrate, Batala regarding the same. As such,
nothing has been produced on record by the prosecutrix to prove her
identity and her parentage. Trial Court has rightly held that it assumes
importance as the victim categorically stated that at the time of occurrence
she was living at the said address.
19. The version put forth by the prosecutrix is not probable and
belies logic. As per the prosecutrix, some unknown girl, who met her at
Devi Talab Mandir had made reference of accused Lovejeet Singh that he
could be helpful in getting a job for her. Identity of that unknown girl was
not disclosed during the investigation. Only while appearing into the
witness box as PW6, the prosecutrix disclosed the name of said unknown
girl as Sonia. Thereafter, learned Additional Public Prosecutor moved an
application under Section 358 of BNSS mentioning her as wife of
Jarmanjeet Singh, one of the accused persons, which was dismissed and that
order was also challenged by the victim which was upheld by this Court in
the revision petition and said order had attained finality.
CRA-AD-246-2026 (O&M) 10
20. As per the version of the prosecutrix she belonged to District
Gurdaspur and accused Lovejeet Singh belonged to District Amritsar and as
such none of them belonged to District Jalandhar. So, it belies logic that
why accused Lovejeet Singh called her to Jalandhar on 07.10.2022. It again
belies logic that how she identified accused Lovejeet Singh, when she
reached at bus stand and why she accompanied accused Lovejeet Singh to
Umeed Grand Hotel, Jalandhar, when she was not having any earlier
acquittance with him.
21. The prosecutrix stated that the accused made physical relations
with her while threatening to kill her, but nothing had been stated that
accused was having any weapon, which created imminent danger to her life
and safety. She also stated that when she tried to raise hue and cry then
accused assaulted her, but again nothing has been produced on record that
she had sustained any injury. Even as per her medical examination that was
conducted after the lapse of more than one month and 22 days, there was no
injury upon the person of victim.
22. The prosecutrix also stated that accused had prepared her
obscene video and had threatened to viral the same if she would disclose
about the wrongful act of the accused to anybody, but no such video had
seen light of the day, during the investigation or even thereafter, it was not
produced on record during the trial. She also stated that during the
investigation, the police had taken her mobile phone and had also taken the
mobile phone of the accused, but nothing has been produced on record that
any such obscene video had been found in the mobile phone of the accused.
23. The prosecutrix while appearing as PW6 stated in her cross-
examination that she had not given any copy of her Aadhar Card at the
CRA-AD-246-2026 (O&M) 11
hotel. PW4 Neeraj Kumar, Manager of Hotel Umeed Grand, Jalandhar,
brought on record the registration card Ex.P7/ PW4 which found mention
that accused Lovejeet Singh checked in the hotel on 07.10.2022 at about
11:35 A.M. There were two adult persons and photocopy of their Aadhar
Cards had also been attached with the record i.e. Aadhar Card of Lovejeet
Singh and of the victim. As such, it falsifies the stand of the victim that she
had not given her Aadhar Card at the hotel. Rather, it demolished the entire
version of the victim and it shows that she willingly accompanied the
accused to the said hotel and also provided her identity proof for getting a
room in the hotel and as such was a willing party.
24. It is also pertinent to note that after she came out from the hotel
room she did not disclose about her alleged rape to anybody. Though in her
cross-examination, she stated that she had made a complaint to Manager of
hotel regarding the accused on the same day i.e. 07.10.2022 and accused
had run away from there, yet there is no evidence on record that she had
made any such complaint against the accused regarding the alleged
occurrence. It was admitted that she was not in possession of any such
complaint filed by her to the Senior Superintendent of Police, Batala. After
the occurrence she went back to her house. She has not stated that she was
under some constant fear from the accused and she remained under his
constant supervision/ vigil.
25. Thus, it has been revealed that after the alleged occurrence on
07.10.2022, she never made any complaint to the police or to some other
person and it appears that she voluntarily went to the said hotel room along
with accused and provided her identity proof at the hotel and thereafter,
after leaving the hotel, victim and accused went to their respective houses.
CRA-AD-246-2026 (O&M) 12
Nothing has been brought on record to prove that she had filed any
complaint against the accused on 07.10.2022, as alleged by her. When it has
come on record that Kala Singh and Lovely Kaur were not parents of the
prosecutrix and she had stayed with them only for some time, it is not
explained that where the prosecutrix had gone after the alleged occurrence
on 07.10.2022.
26. As per Ex.PW11/1, the prosecutrix moved a complaint against
the accused at Police Station Division No.7, Jalandhar on 11.10.2022, which
was enquired into by Lady SI Manpreet Kaur on 12.10.2022. On 12.10.2022
the prosecutrix suffered statement that she did not want to take any action
on her application and it may be consigned. Both the parties entered into
compromise and rapat No.35 dated 12.10.2021 was entered regarding it.
Thus, the prosecutrix moved complaint against accused Lovejeet Singh on
11.10.2022 and on the very next day i.e. 12.10.2022, she got compromised
the matter with the accused, which has been produced on record as
Ex.DW2/1. It was signed by the victim, Kala Singh, Lovely Kaur, accused
Lovejeet Singh and other witnesses. DDR was also entered regarding it at
Police Station Division No.7, Jalandhar which is GD No.35 dated
12.10.2022. After 12.10.2022, the prosecutrix did not initiate any action
against the accused and remained silent for a long time. Thereafter, she
moved this Court and filed a writ petition for directing the police authorities
to register a case regarding the said occurrence which was disposed of vide
order dated 14.11.2022 of this Court. In the aforesaid writ petition, it was
specifically alleged that she had lodged a complaint dated 08.10.2022 with
Senior Superintendent of Police, Gurdaspur, who had not registered the FIR
against the accused Lovejeet Singh, as the alleged occurrence had taken
CRA-AD-246-2026 (O&M) 13
place at Jalandhar. So, Senior Superintendent of Police, Jalandhar was
directed to look into the matter for doing the needful. The present case was
registered against the accused on 28.11.2022 treating her writ petition as
representation to the Senior Superintendent of Police, Jalandhar. While
filing the aforesaid writ petition before this Court, the prosecutrix
intentionally did not mention regarding the application moved by her at
Police Station Division No.7, Jalandhar on 11.10.2022 and regarding the
compromise dated 12.10.2022 and GD No.35 dated 12.10.2022. Though she
mentioned regarding the application moved by her on 08.10.2022 to Senior
Superintendent of Police, Gurdaspur, but no such application was produced
on record. Even during her statement she denied the aforesaid compromise
effected at police station Division No.7, Jalandhar. It shows that she
intentionally concealed the fact regarding her application moved to the
police station Division No.7 on 11.10.2022 and the compromise arrived at
on 12.10.2022.
27. The prosecutrix admitted that she had been using mobile with
different SIM numbers and she had been using about seven SIM numbers
within a short period of 2-3 years. Usually a reasonable person does not
change the SIM so frequently, which raises a doubt about her conduct and
also makes her entire version doubtful.
28. It appears that accused Jarmanjeet Singh was falsely implicated
in the present case being brother of accused Lovejeet Singh. Even after
registration of the present case, she tried to involve the entire family of
accused and named Sonia wife of Jarmanjeet Singh, as said unknown girl,
who had made reference of accused Lovejeet Singh on 07.10.2022 at Devi
Talab Mandir.
CRA-AD-246-2026 (O&M) 14
29. There is delay of one months and 22 days in lodging of the FIR
in the present case, as the alleged occurrence took place on 07.10.2022 and
FIR in the present case was registered on 28.11.2022. As per the evidence
on record, the prosecutrix never approached the police authorities till
11.10.2022. No alleged complaint dated 08.10.2022 moved to Senior
Superintendent of Police, Batala has been produced on record. She also
denied the compromise dated 12.10.2022 reached at Police Station Division
No.7, Jalandhar. Even, if it is presumed that the aforesaid compromise have
been entered into by the prosecutrix under some pressure, but later on also,
she did not move any application before any police authorities for taking
action against the accused by stating that the aforesaid compromise had
been the result of pressure exerted upon her. As such, the prosecutrix had
taken contradictory stand regarding approaching the police authorities
relating to the present occurrence.
30. In the facts and circumstances of the present case, the sole
version of the prosecutrix cannot be taken as the gospel truth on its face
value, in the absence of any supporting evidence, as she does not appear to
be a sterling witness. The prosecution has not been able to prove its case
beyond the pale of reasonable doubt against the accused persons.
31. The trial Court has rightly reached at the conclusion that the
entire evidence of the prosecution since does not hold strength and same is
unworthy of credence and is insufficient to bring home the guilt of the
accused, beyond the reasonable doubt.
32. It is the settled law that an order of acquittal is not to be
interfered with lightly because presumption of innocence of the accused is
further strengthened by acquittal. Gainful reference in this regard can be
CRA-AD-246-2026 (O&M) 15
made to a judgment of Hon'ble the Supreme Court in Pudhu Raja and
another vs. State, Rep. By Inspector of Police reported as 2013 (1) SCC
(Cri) 430, wherein it has been held as under :-
“7. The law on the issue of interference
with an order of acquittal is to the effect that only
in exceptional cases where there are compelling
circumstances and the judgment in appeal is
found to be perverse, the appellate court can
interfere with the order of the acquittal. The
appellate court should bear in mind the
presumption of innocence of the accused and
further that the trial courts acquittal bolsters the
presumption of innocence. Interference in a
routine manner where the other view is possible
should be avoided, unless there are good reasons
for interference.”
33. Learned counsel for the appellant was unable to point out any
illegality, infirmity or perversity in the impugned decision dated 05.03.2026
which calls for any interference.
34. In view of the above, the appeal being bereft of any merit is
dismissed with impugned judgment dated 05.03.2026 passed by learned trial
Court being upheld.
35. Pending applications, if any, also stand disposed of.
(SUKHVINDER KAUR) (VINOD S. BHARDWAJ)
JUDGE JUDGE
17.07.2026
Komal
Whether speaking/reasoned? : Yes/ No
Whether reportable? : Yes/ No
In a significant ruling concerning criminal jurisprudence, the High Court of Punjab and Haryana at Chandigarh recently deliberated on an appeal challenging an acquittal in a sensitive matter. This judgment, pertaining to Rape Case Acquittal Appeal and the crucial aspect of Prosecutrix Reliability in Sexual Assault Cases, is now prominently featured on CaseOn, offering deep insights into the judicial process. The case, titled CRA-AD-246-2026 (O&M), stems from a judgment dated March 5, 2026, by the Additional Sessions Judge, Fast Track Court, Jalandhar, which acquitted the accused.
The core legal question before the High Court was whether the trial court's acquittal of respondents No. 2 and 3 (the accused) in a case involving alleged offenses under Sections 342, 376, 201, and 506 IPC was erroneous and perverse, warranting interference by the appellate court.
The High Court's decision was rooted in established legal precedents concerning the appreciation of evidence in criminal cases, particularly those involving sexual assault.
Citing the Supreme Court's pronouncement in Rai Sandeep alias Deepu Vs. State of NCT of Delhi (2012) 8 SCC 21, the court reiterated that while a solitary statement of a prosecutrix can be sufficient for conviction, she must qualify as a "sterling witness." This standard requires her version to be:
The judgment also referenced Tameezuddln alias Tammu Vs. State (NCT of Delhi), (2009) 15 SCC 566, emphasizing that while a prosecutrix's evidence deserves predominant consideration, it cannot be accepted if the narrative is improbable or defies logic. Blind acceptance, even in rape cases, would violate the fundamental principles of evidence appreciation in criminal law.
The High Court underscored the limited scope of interference with acquittal orders, citing Pudhu Raja and another vs. State, Rep. By Inspector of Police (2013) 1 SCC (Cri) 430. This precedent states that an appellate court should interfere only in exceptional cases where there are compelling circumstances and the judgment is found to be perverse. The presumption of innocence is strengthened by an acquittal, and routine interference, especially when another view is possible, should be avoided unless strong reasons exist.
The court meticulously examined the prosecutrix's testimony (PW6) and other evidence, highlighting several inconsistencies and logical gaps that led to its conclusion.
The prosecutrix's initial statement to the police (Ex.PA) and her testimony in court (PW6) presented significant discrepancies. For instance, her initial statement mentioned an "unknown girl" introducing her to Lovejeet Singh at Devi Talab Mandir on June 9, 2022. However, in cross-examination, she claimed Lovejeet Singh himself met her for the first time at the Mandir on that date, an improved version not supported by her earlier statements.
A major concern arose regarding the prosecutrix's identity and parentage. She claimed to be the daughter of 'Kala' from village Yadpur, Gurdaspur, and her Aadhar Card also listed Kala Singh as her father. However, Kala Singh (DW5) appeared as a defense witness and denied being her father, stating she was brought to his house by another individual and later obtained an Aadhar Card with his name without his consent. This crucial aspect of her identity, which she claimed was her residence at the time of the occurrence, remained unproven.
Despite allegations, several critical pieces of corroborating evidence were missing:
The delay in lodging the FIR was also a crucial factor. The alleged incident occurred on October 7, 2022, but the FIR was registered only on November 28, 2022, following directions from the High Court. The prosecutrix initially claimed to have complained to the hotel manager on the day of the incident, but no evidence supported this. Furthermore, she filed a complaint against Lovejeet Singh with Police Station Division No. 7, Jalandhar, on October 11, 2022, but compromised the matter on October 12, 2022, as recorded in GD No. 35 (Ex.DW2/1). She later denied this compromise and intentionally concealed it when filing a writ petition with the High Court, misrepresenting the timeline of events and previous actions.
Her admission to using multiple SIM cards (around seven in 2-3 years) also raised doubts about her conduct and overall credibility.
The court noted that the prosecutrix not only concealed the compromise but also attempted to implicate Lovejeet Singh's family. During her testimony, she identified the "unknown girl" as Sonia, who was the wife of Jarmanjeet Singh, Lovejeet Singh's brother. She then tried to involve Sonia as one of the accused, an application that was dismissed and upheld by the High Court.
Considering the cumulative effect of these inconsistencies, lack of corroboration, and the prosecutrix's conduct, the High Court found that her testimony did not meet the "sterling witness" standard. Her version was deemed improbable and lacking logical coherence, making it unreliable to form the sole basis for conviction. Consequently, the High Court upheld the trial court's judgment of acquittal, finding no illegality, infirmity, or perversity in its decision.
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The High Court dismissed the appeal against the acquittal of accused Lovejeet Singh and Jarmanjeet Singh in a rape case. The prosecutrix's testimony was found to be inconsistent, contradictory, and lacking corroboration. Her identity was questionable, she showed delays in reporting, concealed crucial facts (like a prior compromise), and attempted to falsely implicate family members of the accused. The court concluded that she was not a 'sterling witness' and the prosecution failed to prove the case beyond a reasonable doubt, thus upholding the acquittal based on the principles of appellate review.
This judgment serves as a critical reminder for lawyers and law students about:
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