PREETI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal is directed against the order of acquittal dtd. 22/12/2021 rendered by learned Additional Sessions Judge, Jind, whereby, the respondent No.2 has been acquitted qua the charges framed against him, under Ss. 354 (D), 376(2)(N), and, 506 of Indian Penal Code (hereinafter referred to as 'IPC'), in case FIR No. 178 dtd. 31/8/2018, registered at Police Station: Women, Jind, District Jind.

(2.) The appellant has challenged the order of acquittal, on the averments that the learned trial Court has not appreciated, in its right perspective, the credible evidence as led by the prosecution, whereas, the statement of the prosecutrix (identity of the prosecutrix is withheld in view of provision of Sec. 228(A) of IPC) (hereinafter referred to as the 'prosecutrix'), alone was sufficient to bring home the guilt of the respondent No.2, as the defence has totally failed in its efforts to impeach the veracity of her statement. Reliance has mainly been placed upon the statement of the prosecutrix, on the ground that, in a case involving sexual offences, the statement of prosecutrix does not require any corroboration to prove the commission of such offences by the wrongdoer(s). It is further averred that the statement of a rape victim is to be considered, at par with the statement of an injured victim, and therefore, weighty credence ought to have been imparted to the statement of the prosecutrix by the learned trial Court, whereas, the learned trial Court erred by placing reliance to the minor contradictions to reach at a finding of acquittal, rather, has misdirected itself.

(3.) Before we deal with the legality of the impugned order of acquittal, it is apt to first deal with the factual aspects of the present case. FACTUAL MATRIX