Facts
The informant alleged that on 30 April 2018 the respondent abducted her in a vehicle and raped her at gunpoint.
Source reference: para. 2An FIR under Section 376 of the Indian Penal Code was lodged on 18 May 2018.
Source reference: para. 2After trial, the Fast Track Court-I, Banka acquitted the respondent, citing, among other matters, the delay in the FIR, discrepancies in the evidence, medical findings, and the circumstances surrounding proposed marriage discussions.
Source reference: para. 2The State appealed against the acquittal under Sections 378(1) and (3) CrPC / Sections 419(1) and (3) BNSS
Source reference: paras. 2–7Issues
Whether the trial court’s acquittal was illegal, perverse, or otherwise infirm so as to warrant interference in the State’s appeal
Source reference: para. 10Law Applied
Section 376 IPC governs the charged offence
Source reference: para. 2A prosecutrix’s testimony may, if it inspires confidence, sustain conviction without corroboration; corroboration is a matter of prudence, not a legal requirement, and minor discrepancies alone do not justify rejection of otherwise reliable testimony (*State of H.P. v. Manga Singh*, (2019) 16 SCC 759)
Source reference: para. 11Where a case rests on a sole witness, the court assesses the quality, consistency, and reliability of that testimony (*Rai Sandeep @ Deepu v. State (NCT of Delhi)*, (2012) 8 SCC 21)
Source reference: para. 16In an appeal against acquittal, the appellate court may review the evidence, but must account for the reinforced presumption of innocence; where two reasonable views are possible, the acquittal should not be disturbed (*Chandrappa v. State of Karnataka*, (2007) 4 SCC 415).
Source reference: para. 18Reasoning
The Court accepted that corroboration is not invariably required and that the absence of injury or spermatozoa is not, by itself, conclusive against sexual assault
Source reference: paras. 11, 14It nevertheless assessed the prosecutrix’s evidence alongside the 18-day delay in lodging the FIR, the evidence concerning marriage discussions and a subsequent Panchayati, inconsistencies relating to the vehicle and alleged accomplice, the absence of eyewitness support, and the medical and investigative evidence
Source reference: paras. 13–15Considering the evidence cumulatively, the Court held that the trial court’s doubts and its view that the prosecution had not proved the charge beyond reasonable doubt were reasonably available on the record
Source reference: paras. 17, 19Holding
The Court answered the issue against the State, finding no illegality, perversity, or infirmity warranting appellate interference with the acquittal
The appeal was dismissed at the admission stage, and any pending applications were disposed of
Source reference: paras. 21–22Acts & Sections Cited
5 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19733
Bharatiya Nagarik Suraksha Sanhita, 20231
Indian Penal Code, 18601
Original Court PDF
THE STATE OF BIHARvsLAFJARUL @ MITHU RAHMAN
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