Photo used for indicative purpose only. Source internet
Shimla, Sept 26
The Himachal Pradesh High Court has upheld the acquittal of a man accused of raping his cousin, ruling that the prosecution failed to prove the charges beyond a reasonable doubt.
A Division Bench of Justice Vivek Singh Thakur and Justice Sushil Kukreja dismissed the state’s appeal against the 2015 order of the Una Sessions Court, which had acquitted the accused, Sunil Khan, of rape and criminal intimidation.
The case stemmed from an FIR lodged on August 31, 2013, in which the prosecutrix (name withheld) alleged that Khan had forcibly raped her in her home while her husband was at work and children were at school. She claimed he followed her inside, gagged her, tore her clothes, and threatened her with death if she revealed the incident.
However, the High Court noted several inconsistencies in her testimony. Despite alleging force, the medical examination revealed no injuries on her body. The Bench observed that the absence of resistance injuries, coupled with her failure to raise an alarm despite living in a populated area, cast serious doubts on the allegation.
“The medical evidence clearly shows that the prosecutrix did not sustain any injury on any part of her body… which further fortifies the fact that she did not resist the alleged act. In fact, it seems that the prosecutrix was a consenting party,” the judgment stated.
The Court also found her conduct after the alleged incident “highly surprising,” as she neither informed her husband nor her sister, who lived nearby. Her testimony, the Bench held, was “tainted with improvements, contradictions and embellishments” and thus could not be relied upon as evidence of “sterling quality.”
Reiterating that an acquittal carries a double presumption of innocence, the High Court concluded that the Sessions Court’s view was a “possible and reasonable” one, and there were no grounds to overturn it.
The appeal was dismissed, and the respondent was directed to furnish bail bonds as a procedural safeguard in case of a further challenge before the Supreme Court.
About the Author
The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
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