STATE OF HIMACHAL PRADESH versus SANJAY KUMAR

STATE OF HIMACHAL PRADESH versus SANJAY KUMAR

The High Court rightly acquitted the accused because there was a material contradiction in the prosecutrix's statements as to the date of commission of rape (she gave inconsistent dates), PW-6 (at whose house the rape was alleged) did not support the prosecution, there was no allegation of rape against the person who sheltered her on the night for which an inconsistent date was given, and no DNA/profile evidence linked the accused to the semen found; on this plausible view of the evidence the prosecution failed to prove that accused/Sanjay Kumar committed the rape, so the acquittal must stand.

Parties
Appellant: State of Himachal Pradesh; Accused/respondent: Sanjay Kumar; Accused/respondent: Chaman Shukla
Jurisdiction
India
Judgment Date
23 April 2025
Procedural Posture
Criminal Appeal / Appeal to Supreme Court From High Court Judgment of Acquittal; Final Disposal by Supreme Court
Outcome
Appeals dismissed; acquittal of accused affirmed
Legal Topics
Rape, Kidnapping, Acquittal, Contradiction in Prosecutrix's Statement, Section 164 Cr.p.c., Date of Offence, Medical Evidence, DNA Profile
Penal Code, 1860 Code of Criminal Procedure, 1973 Criminal Law Rape Kidnapping Acquittal Contradiction in Prosecutrix's Statement Section 164 Cr.p.c. +3 more

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Parties

State of Himachal Pradesh

Appellant

Sanjay Kumar

Accused/respondent

Chaman Shukla

Accused/respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court From High Court Judgment of Acquittal; Final Disposal by Supreme Court

Legal Issues

  1. 1 Whether the High Court was justified in setting aside the conviction and sentence of the accused under Sections 363, 366, 376 and 201 r/w 34 IPC and acquitting them
  2. 2 Whether the prosecution proved commission of rape by accused-Sanjay Kumar beyond reasonable doubt
  3. 3 Whether material contradictions in the prosecutrix's statements and lack of corroborative/forensic evidence undermine the prosecution case

Ratio Decidendi

The High Court rightly acquitted the accused because there was a material contradiction in the prosecutrix's statements as to the date of commission of rape (she gave inconsistent dates), PW-6 (at whose house the rape was alleged) did not support the prosecution, there was no allegation of rape against the person who sheltered her on the night for which an inconsistent date was given, and no DNA/profile evidence linked the accused to the semen found; on this plausible view of the evidence the prosecution failed to prove that accused/Sanjay Kumar committed the rape, so the acquittal must stand.

Court Disposition

Appeals dismissed; acquittal of accused affirmed

Orders

  • Both appeals challenging acquittal of accused/Sanjay Kumar and accused/Chaman Shukla are dismissed
  • Acquittal of the accused by the High Court is not interfered with