HEM RAJ S/O. MOTI RAM versus STATE OF HARYANA

HEM RAJ S/O. MOTI RAM versus STATE OF HARYANA

Conviction cannot be sustained where prosecutrix vacillates and is declared hostile, corroborating evidence is unsatisfactory, and prosecution fails to examine doctor; benefit of doubt must be given to accused and conviction set aside.

Parties
Appellant: Hem Raj s/o. Moti Ram; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
03 January 2014
Procedural Posture
Criminal Appeal / Final Decision on Appeal From Conviction and Sentence
Outcome
Appeal allowed; convictions and sentences quashed and set aside; appellant directed to be released forthwith unless required in any other case.
Legal Topics
Rape, Evidentiary Value of Prosecutrix's Testimony, Benefit of Doubt, Failure to Examine Medical Witness, Corroboration Requirements
Criminal Law Rape Evidentiary Value of Prosecutrix's Testimony Benefit of Doubt Failure to Examine Medical Witness Corroboration Requirements

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Parties

Hem Raj s/o. Moti Ram

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Final Decision on Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether conviction for rape (s.376 IPC) and house trespass (s.450 IPC) could be sustained based on evidence of prosecutrix and other witnesses
  2. 2 Effect of prosecution's failure to examine doctor who medically examined prosecutrix

Ratio Decidendi

Conviction cannot be sustained where prosecutrix vacillates and is declared hostile, corroborating evidence is unsatisfactory, and prosecution fails to examine doctor; benefit of doubt must be given to accused and conviction set aside.

Court Disposition

Appeal allowed; convictions and sentences quashed and set aside; appellant directed to be released forthwith unless required in any other case.

Orders

  • Impugned judgment convicting appellant under Sections 376 and 450 IPC and sentencing him is quashed and set aside.
  • Appellant directed to be released forthwith unless required in any other case.