(A) Indian Penal Code, 1860, S.376–Rape–Acquittal — Improbable story–Allegation that accused break open the door in night and committed rape on prosecutrix for half an hour thereafter she immediately informed the neighours—Story held to improbable on following discrepancies–Held;
(i) There was no sign of forced entry in the house and there was no reason for her to leave the main door open;
(ii) There was no fresh sign of injury on any part of body of the victim even though medical examination was done after 1 hour of occurrence;
(iii) FSL Report shows presence of spermatozoa but police failed to link the semen with that of the accused; especially when husband was with prosecutrix for six hours before lodging the FIR.
(iv) Neighours were categorical that she did not disclose that she had been raped and had not heard any noise in the night.
(v) There children aged less than 5 years were sleeping on the same cot where she was struggling and raped.
(vi) Contradiction as to when the husband was informed.
(B) Indian Penal Code, 1860, S.376–Rape–-Acquittal–The accused must be protected against the possibility of false implication–The evidence of prosecutrix must be
examined as that of an injured witness whose presence at the spot is probable but it can never be presumed that her statement should without exception be taken as the gospel truth.
Indian Penal Code, 1860,376–Rape–Acquittal–-Though evidence of prosecutrix must be given predominant consideration, but to hold that this evidence has to be accepted even if the story is improbable and belies logic, would be doing violence to the very principles which govern the appreciation of evidence in a criminal matter.
Indian Penal Code, 1860, S.376–Rape–Acquittal– If the statement of prosecutrix suffers from serious infirmities, inconsistencies and deliberate improvements on material points, no reliance can be placed thereon–Onus of proof is on the prosecution to establish each ingredient of offence beyond reasonable doubt on basis of cogent evidence and material on record.
(E) Indian Penal Code, 1860, S.376–Rape–Acquittal–-The degree of proof in rape cases is expected to be of a higher standard.
Soni v.State of Punjab
2016(4) Law Herald (P&H) 3180 : 2016 LawHerald.Org 1879