The Delhi High Court recently ruled that in cases of rape and sexual assault, a rape survivor’s statement must be given significant consideration but cannot be treated as the absolute truth. The court highlighted that in a civilized society, no one should be falsely implicated or convicted based solely on an accusation.
The court stated, “The statement of the prosecutrix cannot be treated as gospel truth. The court must ensure that she is a credible witness. If her statement is accepted as the absolute truth without scrutiny, it would be a travesty of justice, negating the need for a trial.”
This judgment was delivered by a division bench consisting of Justice G.S. Sandhawalia and Justice Jagmohan Bansal, while dismissing an appeal filed by a woman from Haryana’s Rewari district. The woman had challenged the Rewari additional sessions judge’s order dated May 1, 2019, which acquitted an Army employee accused of rape.
The woman had filed an FIR on September 19, 2017, alleging that her fiancé raped her. The incident allegedly took place after their engagement on August 9, 2017. According to the woman, the accused took her to a secluded road near BKD School, where the assault occurred. She claimed that when she refused to have a physical relationship before marriage, the accused threatened to kill her.
However, during the trial, the prosecution could not prove the allegations beyond a reasonable doubt, leading to the Army employee’s acquittal. Dissatisfied with the verdict, the woman appealed to the High Court.
The High Court observed that the location of the alleged incident was a public area near a hospital, police station, and busy road, making it unlikely for such an act to occur there. The court found it hard to believe that an Army employee would commit such an act in such a public place on the day of their engagement.
In dismissing the woman’s appeal, the High Court stated that the trial court’s findings were well-reasoned and that the allegations lacked substance. Thus, the woman’s plea was rejected, and the trial court’s order was upheld.
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