The Delhi High Court has ruled that while the statement of a rape survivor deserves serious consideration in cases of sexual assault, it cannot be treated as the sole truth without supporting evidence. The court emphasized that no one in a civilized society should be falsely convicted based solely on accusations.
In its judgment, the court noted, “The statement of the prosecutrix cannot be regarded as gospel truth. Courts must ensure the witness is credible and reliable. If we accept every allegation without scrutiny, it would lead to injustice, and there would be no need for a proper trial.”
This ruling came from a division bench consisting of Justice G S Sandhawalia and Justice Jagmohan Bansal. The bench dismissed a petition filed by a woman from Haryana’s Rewari district, who challenged a lower court’s decision.
The woman had lodged an FIR on September 19, 2017, accusing her fiancé, an Army employee, of rape and molestation. The alleged incident occurred after their engagement on August 9, 2017. The complainant claimed that her fiancé raped her on a road near a school in Rewari after she refused to engage in a physical relationship before marriage.
However, the additional sessions judge had acquitted the accused on May 1, 2019, due to insufficient evidence. The woman appealed the decision, but the High Court upheld the trial court’s ruling. The High Court pointed out that the incident allegedly took place in a public area near a hospital, police station, and a busy road, making it hard to believe the accused would commit such an act in broad daylight.
The bench concluded that the trial court had carefully reviewed the evidence and that there was no merit in the woman’s appeal. As a result, her plea was dismissed, and the accused’s acquittal was upheld.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
