LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/the-state-of-himachal-pradesh-vs-rajesh-kumar-munnu-20250220/ · Printed 07 Nov 2026
Criminal · Reportable judgment

The State of Himachal Pradesh vs Rajesh Kumar @ Munnu

Court
Supreme Court of India
Date
20 February 2025
Case No.
Criminal Appeal No. 2097 of 2014
Result
Dismissed
Bench
Surya Kant, N Kotiswar Singh
Citation
[2025] 2 S.C.R. 1806 : 2025 INSC 331
Acts & Sections
IPC
Supreme Court Reports [2025] 2 S.C.R. 1806 : 2025 INSC 331
Issue for consideration
Matter pertains to the correctness of the order passed by the High Court acquitting the accused u/ss.376 and 452 IPC.
Headnote

Penal Code, 1860 – ss.376 and 452 – Rape – Non-allowance of medical examination by prosecutrix – Delay in lodging FIR – Trial court convicted the accused-respondent for forcibly committing sexual intercourse with the prosecutrix, however, acquitted by the High Court due to glaring lacunae in the prosecution case – Interference:

Held: Interference not called for – Mother of the prosecutrix declared hostile – Father of the prosecutrix made evasive statements and failed to explain the delay in reporting the matter – Unexplained delay in lodging FIRs commonly considered fatal to the prosecution’s case – On facts, delay was never acknowledged and necessary benefit of such omission must accrue to the accused – Non-allowance of medical examination by an alleged rape-victim raises negative inferences against them – Prosecutrix and her parents themselves never fully cooperated with the medical staff during the medical examination, adversely impacting the credibility of their version of events – Furthermore, no good reasons can be ascribed to the complete lack of assistance that the complainants tendered to the authorities, apart from their contradictory stances before the court – Also, High Court’s invariable conclusion that the prosecutrix was not mentally unsound – Except where this Court finds that the conclusion drawn by the High Court is based upon a complete misreading of the evidence on record, or where its conclusions are so perverse that the same cannot be sustained, then only might a judgment of acquittal warrant interference – On facts, the High Court microscopically examined the entire evidence before firmly opining that the accused deserves the benefit of the doubt. [Paras 7-10, 12, 13]

Keywords: Rape · Forcible sexual intercourse · Prosecutrix not cooperating in medical examination · Glaring lacunae in prosecution case · Hostile witness · Evasive statements by prosecution witness · Delay in lodging FIR · Unexplained delay fatal to prosecution case · Medico-legal certificate · Benefit of omission by prosecution to accused · Non-allowance of medical examination by rape victim · Complete misreading of evidence · Judgment of acquittal warrant interference · Prosecutrix not mentally unsound

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Surya Kant, J. 1. The instant criminal appeal is directed against the impugned judgment dated 01.03.2012 passed by a Division Bench of the High Court of Himachal Pradesh, whereby the criminal appeal preferred by the respondent had been allowed. The High Court, while acquitting him under Sections 376 and 452 of the Indian Penal Code, 1860 (in short, the “IPC”), has set aside the judgment and order of the Trial Court dated 02.01.2009, holding the respondent guilty of the aforementioned offences with a sentence of 10 years of rigorous imprisonment. 2. We have heard learned counsel for
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →