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State of Himachal Pradesh v. Sanjay Kumar

Criminal Appeal · 2025 INSC 561Decided 23 Apr 2025
Crl.A. No.-000595-000595 - 2016 (with connected Crl.A. No. 596 of 2016)
Justice Ahsanuddin Amanullah · Justice Prashant Kumar Mishra

Background

A 14-year-old girl went missing from a temple in Bilaspur, Himachal Pradesh, in March 2012 while her family attended a religious event. The prosecution alleged that the accused, Sanjay Kumar, kidnapped her in his car and raped her that night at a third person's house, after which a second accused, Chaman Shukla, sheltered her and allegedly pressured her to give a false account before she was eventually handed back to the police. The trial court convicted both men, but the Himachal Pradesh High Court acquitted them on appeal, prompting the State to appeal to the Supreme Court.

Decision Breakdown

The Supreme Court upheld the acquittal, agreeing with the High Court that the prosecutrix's own account was materially inconsistent. She gave different dates and locations for when the rape occurred in her Section 164 statement versus her trial testimony, and admitted she never mentioned the rape to anyone during the several days she spent with the accused and others. The key witness at whose house the rape allegedly occurred did not support the prosecution, and no DNA test was conducted to link the accused to the crime. Since the High Court's view was a reasonable and plausible reading of the evidence, the Supreme Court found no ground to interfere with an acquittal.

Lesson Learnt

Courts hearing appeals against an acquittal will not overturn it merely because another view is possible. If the trial evidence, especially a witness's own account, is genuinely inconsistent on core facts, the benefit of that doubt stays with the accused.

Official source (sci.gov.in)View Judgment (PDF)

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