High court set aside acquittal of rape accused
Photo used for indicative purpose only. Source internet
Shimla, June 11
The Himachal Pradesh High Court has set aside the acquittal of a rape accused, marking a significant turn in the case that has captured public attention.
The division bench comprising Justice Vivek Singh Thakur and Justice Rakesh Kainthla delivered the verdict on June 10, 2024, following an appeal against the earlier decision of the Special Judge, Sirmaur District, Nahan.
The case revolves around the alleged abduction and rape of a young woman. The prosecution asserted that the accused, Vijay Kumar, had abducted and raped the victim, who was found in a critical condition by her mother and grandmother.
The trial court, however, acquitted the accused, citing insufficient evidence to establish the lack of consent and discrepancies in the prosecution’s narrative.
The State, represented by Deputy Advocate General Sanjay Dutt Vasudeva, argued that the trial court erred in its judgment by overlooking crucial evidence, particularly the medical examination and testimonies of the victim’s family.
It was contended that the trial court did not give due weight to the presence of smegma, which contradicted the defense’s claim of consensual intercourse.
Additionally, the prosecution highlighted the emotional and physical state of the victim, which strongly indicated coercion.
On the other hand, the defense, led by Legal Aid Counsel A.S. Rana, maintained that the trial court’s decision was justified. They argued that the victim’s behavior and the medical evidence supported the possibility of consensual relations, and the trial court had reasonably interpreted the facts presented.
After thorough deliberation, the High Court found that the trial court had indeed overlooked critical evidence that could substantiate the prosecution’s claims.
The bench emphasized the necessity of a holistic view of the evidence, including the medical examination results that were not adequately considered.
The High Court referenced several precedents, including the Supreme Court’s observations in Jafarudheen v. State of Kerala and Siju Kurian v. State of Karnataka, underscoring the principle that acquittals should only be overturned in cases of patent perversity or misreading of evidence.
The High Court’s decision to set aside the acquittal is a significant development in this case. It underscores the judiciary’s commitment to ensuring justice through meticulous scrutiny of evidence and upholding the principles of fair trial.
The case will now return to the lower court for re-evaluation, where the evidence will be reassessed in light of the High Court’s findings .
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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