STATE OF HARYANA versus BASTI RAM

STATE OF HARYANA versus BASTI RAM

The High Court erred in not considering the prosecutrix's detailed statement under Section 164 Cr.P.C. and her trial testimony; where the sole testimony of a prosecutrix is credible (and she was below 16), conviction can be based on it without further corroboration. The High Court's acquittal is set aside and the matter is remitted to the High Court for reconsideration of the entire evidence including the Section 164 statement and trial testimony.

Parties
Appellant: State of Haryana; Respondent: Basti Ram; Accused: Salish Prakash
Jurisdiction
India
Judgment Date
02 April 2013
Procedural Posture
Criminal Appeal / Appeal Disposed Of; Matter Remitted to High Court for Reconsideration
Outcome
Appeal disposed of; impugned judgment and order of the High Court set aside; matter remitted to the High Court for reconsideration on merits
Legal Topics
Rape, Gang Rape, Conviction on Sole Testimony of Prosecutrix, Age of Prosecutrix, Section 164 Cr.p.c. Statement, Remand for Reconsideration
Criminal Law Evidence Sexual Offences Penal Code Criminal Procedure Rape Gang Rape Conviction on Sole Testimony of Prosecutrix +3 more

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Parties

State of Haryana

Appellant

Basti Ram

Respondent

Salish Prakash

Accused

Procedural Posture

Criminal Appeal / Appeal Disposed Of; Matter Remitted to High Court for Reconsideration

Legal Issues

  1. 1 Whether the High Court erred in ignoring the statement and testimony of the prosecutrix and acquitting the accused
  2. 2 Whether a conviction can be based on the sole testimony of a prosecutrix who is credible and under 16 years of age
  3. 3 Whether the High Court adequately considered the statement recorded under Section 164 Cr.P.C.

Ratio Decidendi

The High Court erred in not considering the prosecutrix's detailed statement under Section 164 Cr.P.C. and her trial testimony; where the sole testimony of a prosecutrix is credible (and she was below 16), conviction can be based on it without further corroboration. The High Court's acquittal is set aside and the matter is remitted to the High Court for reconsideration of the entire evidence including the Section 164 statement and trial testimony.

Court Disposition

Appeal disposed of; impugned judgment and order of the High Court set aside; matter remitted to the High Court for reconsideration on merits

Orders

  • Set aside the impugned judgment and order passed by the High Court
  • Remit the matter to the High Court for reconsideration on merits after taking into account the entire evidence on record including the statement and testimony of the prosecutrix and the law on the subject