Shimla, June 11
The High Court of Himachal Pradesh has dismissed the State’s appeal against the acquittal of Vikas Kumar @ Vicky and others, who were charged with kidnapping and raping an 18½-year-old woman. The appeal, challenging the decision of the Special Judge of Sirmaur District at Nahan, involved charges under Sections 366, 376, 506, 342, 120B of the Indian Penal Code and Section 3(1)(xii) of the SC&ST (Prevention of Atrocities) Act.
The prosecution alleged that the victim was forcibly taken by the accused under the pretext of marriage and subjected to sexual assault. The defense countered that the victim had voluntarily accompanied the accused, suggesting the incident was consensual. The trial court acquitted the accused, citing the voluntary nature of the victim’s actions, inconsistencies in her statements, and the lack of immediate complaint.
Upon review, the High Court upheld the trial court’s decision, emphasizing the necessity of proving guilt beyond a reasonable doubt and the presumption of innocence. The court found no compelling evidence to overturn the acquittal, thereby dismissing the appeal and reaffirming the importance of meticulous judicial examination in criminal proceedings.
