STATE OF H P Vs. MANJEET SINGH

JUDGEMENT

(1.) Respondent was charge sheeted, tried and acquitted for the offence, punishable under Section 376 of Indian Penal Code, precisely on the ground that there are material contradictions and improvements in the statement of the prosecutrix, other witnesses had turned hostile and there was nothing on record to show the link of the accused with the allegations leveled by the prosecutrix.

(2.) After hearing learned counsel for the parties and on going through the evidence on record, we do not find any evidence worth the name to convert the acquittal into conviction, for the reason that the statement of the prosecutrix is replete with contradictions, improvements, omissions and her testimony is not worth inspiring confidence.

(3.) Prosecutrix appeared as PW-4. In her crossexamination, she admitted her age to be 18 to 19 years when FIR Ex PW-4/A was recorded. Even the Radiologist opined her age between 16 to 18 with three years margin on either side.