Case Note & Summary
This case involved an appeal by the State of Himachal Pradesh against the acquittal of Suresh Kumar, who was charged with the rape of a minor girl, Km. Kusum Lata. The incident occurred on 15.03.2000 when the prosecutrix was left at home with her younger brothers while her parents were away. The accused allegedly took her to his house, committed rape, and gave her a currency note and some sweets afterward. The prosecutrix reported the incident to her sister and parents upon their return, leading to police involvement and medical examination. The Sessions Court convicted the accused based on the testimonies of the prosecutrix and her family, but the High Court later acquitted him, citing doubts about the medical evidence. The Supreme Court found that the prosecutrix's testimony was credible and corroborated by her family, and the medical evidence supported the occurrence of rape. The Court emphasized that the testimony of a minor victim should not be dismissed lightly and that the High Court had erred in its assessment of the evidence. Consequently, the Supreme Court restored the conviction and directed the accused to surrender to serve his sentence.
Headnote
A) Criminal Law - Rape - Acquittal of Accused - Indian Penal Code, 1860, Sections 376, 342 - The High Court acquitted the accused based on doubts regarding medical evidence, which the Supreme Court found to be misplaced. The testimony of the minor victim and corroborative evidence from her family was deemed credible, leading to the restoration of the conviction. Held that the acquittal was illegal and unjustified (Paras 16-16).
Issue of Consideration
Whether the High Court erred in acquitting the accused despite credible evidence against him.
Final Decision
The Supreme Court set aside the High Court's order of acquittal, restored the conviction of the accused under Sections 376 and 342 IPC, and directed the accused to surrender to serve the remaining sentence.
Law Points
- Acquittal
- Rape
- Minor Victim Testimony
- Medical Evidence
- Credibility of Witnesses
