Rape of a Woman : HC Finds Acquittal of Accused Valid

 Rape of a Woman : HC Finds Acquittal of Accused Valid

In a case, the allegations were on rape.

In Sudha Rani v State [2014] GCtR 4368 (Delhi), the acquittal of rape-accused was found valid.

It was noted that "the parameters for interference in the order of acquittal are confined. It is only if there is a total illegality or perversity pointed out that the fact findings returned by the acquitting Court can be interfered with." The principle that "where on the evidence two possibilities are available or open, one which goes in favour of the prosecution and the other which benefits an accused, the accused is undoubtedly entitled to the benefit of doubt" was also noted. The Order of Trial Court notes that "it is one of the basic principles of criminal jurisprudence that let hundreds of criminal may go unpunished but one innocent person should not be punished". 

Acquittal of accused was found valid.

Written by 

Vishal

Delhi

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Rape : HC Acquits Accused even without a Compromise

 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

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.