Penal Code, 1860 – ss.363, 366, 376, 201 r/w s.34 – High Court set aside the conviction and sentence of accused-A1 u/ss.363, 366, 376 and 201 r/w s.34, IPC and accused-A2 u/s.201 r/w s.34 and acquitted them – Correctness:
Held: Acquittal not interfered with – FIR was lodged regarding the abduction of the Prosecutrix, there is no allegation of rape in the FIR – There is material contradiction in the statement of the Prosecutrix as to the date of commission of rape – Since A1 was not with the Prosecutrix in the night of 31.03.2012 when she was in the house of co-accused-A2 and there is no allegation of rape against A2 in whose house she stayed on the next night, the High Court rightly held that the commission of rape by A1 is not proved – View taken by the High Court is plausible considering the evidence on record – Prosecution failed to establish the charges against the accused. [Paras 9-11]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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