Conviction Can Be Based On Solitary Statement of Rape Victim Only If It Is Unblemished And Of Sterling Quality: J & K And Ladakh High Court
The Jammu and Kashmir and Ladakh High Court, held that conviction in a rape case can be based on the solitary statement of the victim only if such statement is unblemished and of sterling quality.
The Srinagar Bench of the High Court while acquitting the Accused noted that there were material contradictions between the statement of the victim under Section 161 Of the Criminal Procedure Code (CrPC) and her testimony during the trial.
“It is true that on the solitary statement of a victim of rape, conviction of an accused can be based but it is equally true that such statement should be unblemished and of sterling quality”, the Bench of Justice Sanjay Dhar observed.
General Advocate Sajad Ashraf appeared for the Appellants (State) and Advocate Abu Owais Pandit appeared for the Respondents.
Per the prosecution’s case, the prosecutrix had been enticed, taken to Jaipur, and subjected to rape by the accused. However, the Trial Court, after considering the evidence, noted the prosecutrix's statement was unreliable and her conduct questionable. The accused were acquitted for offences under Section 363, 376, 343, 506, and 109 Ranbir Penal Code, 1932 (RPC). Aggrieved, the State approached the High Court challenging the judgment of acquittal.
The Court noted that the scope of interference in an appeal against acquittal is limited. The Bench observed that an Appellate Court cannot interfere with the finding of acquittal recorded by the Trial Court unless it finds that the appreciation of the evidence was perverse. There is a double presumption in favor of the accused: the presumption of innocence and the presumption of acquittal. If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court ought not disturb the finding of acquittal recorded.
“The Supreme Court and this Court in a series of judgments have settled that the scope of interference in an appeal against acquittal is limited and unless the High Court finds that the appreciation of the evidence made by the trial court is perverse, it cannot interfere with the finding of acquittal recorded by the trial court”, the Bench noted.
Furthermore, the Bench observed that the prosecutrix, who was 17 years old at the time of the alleged incident, provided conflicting versions of the events. The Investigating Officer also confirmed major contradictions between her two statements, casting doubt on the reliability of her testimony.
The Court observed that the prosecutrix's statement lacked credibility, and there was no corroboration to support her claims. Therefore, the Bench noted that the accused cannot be held guilty based on the prosecutrix's unreliable statement.
Accordingly, the Court dismissed the Appeal and discharged the Accused/Respondent.
Cause Title: State Of J&K v Feroz Ahmad Najar & Anr
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