Court Emphasizes Need for Prima Facie Evidence in Victim Appeals; Considers Delay, Credibility, and Lack of Corroboration as Critical
In a significant ruling, the Kerala High Court has dismissed an appeal filed by a victim challenging the acquittal of an accused in a sexual offence case. The Division Bench, comprising Dr. A.K. Jayasankaran Nambiar and Jobin Sebastian, J., underscored the necessity of presenting prima facie materials for the admission of such appeals, particularly in sensitive cases involving sexual offences.
The case revolves around allegations that the accused, who is not from a Scheduled Caste or Scheduled Tribe community, had committed rape on a woman from a Scheduled Caste community in December 2018. The Sessions Court in Kasaragod had acquitted the accused, citing inconsistencies in the victim's testimony and a lack of corroborative evidence.
During the appeal hearing, the High Court analyzed the grounds for the trial court's acquittal judgment. The judgment emphasized the victim's statutory right to appeal under the Bharatiya Nagarik Suraksha Sanhita, 2023, but highlighted the need for an arguable case for admission of such appeals. The court noted the potential stigma and inconvenience to the accused during the pendency of an appeal, stressing the importance of balancing the victim-centric approach with the rights of the accused.
The court observed that the victim's testimony, which was the sole evidence presented by the prosecution, lacked credibility due to inconsistencies and absence of corroborative evidence. The delay in lodging the FIR, which was not convincingly explained, was considered detrimental to the prosecution's case. The court also pointed out the absence of physical injuries or damage to the victim's clothing, which raised doubts about the use of force as alleged.
The High Court reiterated the legal principle that appellate courts should not interfere with acquittal judgments unless the trial court's view is manifestly illegal or grossly unjust. It affirmed that in the present case, the trial court's reasoning was sound and aligned with established legal standards, thereby justifying the summary dismissal of the appeal.
The decision highlights the complexities involved in adjudicating appeals in sexual offence cases, where the courts must navigate between ensuring justice for victims and protecting the rights of the accused.
Bottom Line:
Appeal by a victim against acquittal under Bharatiya Nagarik Suraksha Sanhita, 2023, requires prima facie material for admission. Victim-centric approach to be adopted, yet delay in lodging FIR, lack of corroborative evidence, and credibility of testimony are crucial factors for consideration.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 413 and 425; Evidence Act, 1872
XXXXXXXXXX v. Mr. Gopalan K.T, (Kerala)(DB) : Law Finder Doc Id # 2833973
