USHA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Admit.

(2.) This is an appeal against the judgment of acquittal on 27/3/2021 passed by learned District and Additional Sessions Judge-II at Giridih in Sessions Trial No.141 of 2018, whereby the opposite party No.2 has been acquitted from the charge framed under Sec. 376 of the Indian Penal Code.

(3.) Learned counsel for the appellant (victim) submits that there is overwhelming evidence to convict the opposite party No.2 i.e. the accused. The statement of the victim i.e. complainant is clear which suggest that she was raped. P.W.-1, who is the daughter of the victim also stated that on hearing scream of her mother, she went to the place of occurrence where her mother went to ease herself and saw the opposite party No.2 fleeing, which suggest that he was involved in the commission of rape. It is his contention that when the evidence of the victim is clear and unambiguous and inspire confidence, conviction can be based on the sole testimony of the victim. As per the appellant, the Trial Court has not considered the evidence of the appellant in proper perspective.