KRISHAN KUMAR MALIK versus STATE OF HARYANA

KRISHAN KUMAR MALIK versus STATE OF HARYANA

The conviction could not be upheld because the sole testimony of the prosecutrix contained significant and material contradictions and omissions (failure to name the appellant in the FIR, varying accounts of number of assailants, failure to identify the alleged kothi), medical evidence did not corroborate the prosecutrix's account, crucial investigative steps (identification parade, spot maps, examination of res gestae witnesses) were not undertaken, and semen found was not subjected to forensic/DNA analysis; these cumulative lacunae rendered the prosecution case unreliable and unsafe, warranting acquittal of the appellant.

Parties
Appellant: Krishan Kumar Malik; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
04 July 2011
Procedural Posture
Criminal Appeal / On Appeal to the Supreme Court; Judgment and Disposal
Outcome
Appeal allowed; conviction and sentence of appellant quashed
Legal Topics
Rape, Abduction, Identification Parade, DNA Testing, Res Gestae, Section 366 IPC, Section 376(2)(g) IPC, Section 53 a Cr PC, Section 6 Evidence Act, Spot Map/scene Investigation
Criminal Law Evidence Criminal Procedure Medical Jurisprudence Rape Abduction Identification Parade DNA Testing +6 more

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Parties

Krishan Kumar Malik

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / On Appeal to the Supreme Court; Judgment and Disposal

Legal Issues

  1. 1 Whether there was sufficient, cogent and reliable evidence to convict the appellant of abduction and rape
  2. 2 Whether the solitary testimony of the prosecutrix was trustworthy to sustain conviction
  3. 3 Whether investigative lacunae (failure to conduct DNA analysis, spot maps, identification parade, non-examination of res gestae witnesses) vitiated the prosecution's case

Ratio Decidendi

The conviction could not be upheld because the sole testimony of the prosecutrix contained significant and material contradictions and omissions (failure to name the appellant in the FIR, varying accounts of number of assailants, failure to identify the alleged kothi), medical evidence did not corroborate the prosecutrix's account, crucial investigative steps (identification parade, spot maps, examination of res gestae witnesses) were not undertaken, and semen found was not subjected to forensic/DNA analysis; these cumulative lacunae rendered the prosecution case unreliable and unsafe, warranting acquittal of the appellant.

Court Disposition

Appeal allowed; conviction and sentence of appellant quashed

Orders

  • Appeal allowed
  • Judgment and order of conviction recorded by the trial court and confirmed by the High Court qua the appellant are set aside and quashed