PUNJAB AND HARYANA HIGH COURT AQUITS A MAN STATING UNTORN CLOTHES OF ALLEGED RAPE VICTIM INDICATE CONSENT
Category: Criminal Law
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INTRODUCTION
The Punjab & Haryana High Court acquitted a man in a false rape case, mentioning inconsistencies in the victim's testimony and stating that the sexual intercourse appeared to be consensual, as the victim's clothes were not torn at the scene of the rape crime. Hon’ble Justice Sureshwar Thakur and Justice Kirti Singh noted the fact that the victim's clothes were not torn at the crime scene clearly suggests that she willingly participated in the sexual acts with the accused. If she had been suffered against her consent, her clothes would likely have been torn, rather than being found intact and tidy at the scene.
BACKGROUND
The Court was hearing an appeal against a conviction where a man was found guilty under section 376(2)(g) of the IPC and sentenced to life imprisonment with rigorous imprisonment. Another accused was also convicted under the same section, but the Court acquitted him after finding that the victim had changed her testimony. The court also observed that the victim had claimed she screamed for help, but her cries went unheard because the accused had locked the door from inside, which clearly made her statement false and wrong. The Court also pointed that the victim did not tell anyone about the incident when she returned back home, which indicates she might have willingly participated in the sexual act, if it occurred at all. The bench specifies a contradiction in the victim's testimony as well. In her earlier statement, she said she was wearing jeans and a top, but later she claimed she was wearing a suit which stipulate difference in the testimony. The bench said - The changes and additions made by the victim in her testimony before the trial court, compared to her past written statement to the police, suggest that her testimony in court cannot be trusted and it is false. As a result, the benefit of doubt should be given to the accused and the accused was acquitted of the charge, and declared him innocent of the crime.
KEY POINTS
The Punjab & Haryana High Court released a man in a rape case, citing contradictions in the victim's testimony and suggesting that the sexual intercourse seemed to be consensual.
The court observed that untorn clothes of the victim shows that there was crime of rape.
The court stated that if the victim will change the statement in her testimony and previous records then the victim cannot be trusted and the benefit of the doubt should be given to the accused for such change in the testimony.
If a victim will turn hostile later then the accused will be discharged for the crime.
The court also observed that since the victim did not disclose about the crime to anyone after the said incident it clearly shows that she willingly participated in the sexual act and it cannot be called as a crime of rape.
CONCLUSION
In conclusion, the Punjab & Haryana High Court acquitted a man in the rape case, highlighting important inconsistencies in the victim's testimony. The Court said that the victim's untorn clothes at the scene suggested that the sexual act may have been consensual. The variation between her statements made to the police and her testimony in the trail court raised doubts about her credibility, leading the High Court to conclude that her testimony could not be trusted. Additionally, the fact that the victim did not report the incident to anyone after returning home was seen as evidence that she may have willingly participated in the act. As a result, the accused was granted the benefit of the doubt and acquitted of all crime charges
