Rape : HC Finds Accused Entitled to Acquittal
Many decisions have been passed by Hon'ble High Courts in India.
In case citation [2016] GCtR 2707, a person who was facing allegations of committing the offence of rape was finally acquitted after more than 2 years of the date of alleged occurrence. The victim's age was below 10 years. The age of accused was above 21 years. Medical examination of victim girl was done. Accused was arrested. Accused did not admitted his guilt. There was no compromise between the parties. Accused was not a relative of the victim. Timing of alleged event was during evening hours.
Prosecution has examined more than 7 witnesses and accused pleaded his innocence. The contents of cross examination of the witness for prosecution was then seen during stage of appeal.
How the eyewitnesses' account is to be weight in cases involving allegations of rape is brought forth in [2016] GCtR 2707 by relying on more than 3 Judgments of Hon'ble Supreme Court. [2016] GCtR 2707 also establishes that the reaction of the witness in offence involving rape can have significant impact in the legal proceedings.
Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment.
Written by
Vishal
Delhi
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