Material inconsistencies and lack of corroborative evidence lead to acquittal in 2004 rape conviction
In a significant ruling, the Punjab and Haryana High Court has acquitted Jaspal Singh, who was previously convicted in 2004 for the alleged rape under Section 376 of the Indian Penal Code. The court, presided over by Justice Rupinderjit Chahal, set aside the conviction and seven-year sentence originally imposed by the Additional Sessions Judge, Fast Track Court, Ferozepur.
The court's decision hinged on several critical inconsistencies and lack of corroborative evidence presented during the trial. The prosecutrix had accused Jaspal Singh of committing forcible sexual intercourse against her will on February 17, 2004. However, the court noted the absence of injuries on the prosecutrix, which contradicted her claims of a violent struggle.
Further doubts were cast by the prosecution's failure to produce Kuljit Singh, an alleged eyewitness, for testimony. The court drew an adverse inference from this omission, suggesting that his testimony might not have supported the prosecution's case. Additionally, the court highlighted the unexplained delay in lodging the First Information Report (FIR), which was registered more than 33 hours after the incident despite the prosecutrix having informed her husband on the same day.
The court also critiqued the prosecution for the discrepancy regarding police presence at the crime scene hours before the FIR was officially registered. Moreover, the Chemical Examiner's report, which detected semen on the prosecutrix's clothing, did not conclusively link Jaspal Singh to the crime, as it lacked serological evidence tying him directly to the semen stains.
In its judgment, the court emphasized the fundamental principle of criminal jurisprudence that the prosecution must prove guilt beyond a reasonable doubt. Given the multiple inconsistencies and lack of corroborative evidence, the court found it unsafe to sustain the conviction, thereby extending the benefit of doubt to the accused.
Justice Chahal underscored that if two views are reasonably possible, the one favoring the accused must prevail. Consequently, the court acquitted Jaspal Singh, discharging him of all charges and nullifying his bail and surety bonds.
This verdict highlights the judiciary's commitment to upholding the principle of 'innocent until proven guilty,' ensuring that convictions are based on robust and unequivocal evidence.
Bottom line:-
Benefit of doubt extended to the accused in a case under Section 376 IPC due to material inconsistencies and reasonable doubts regarding the prosecution's version.
Statutory provision(s): Indian Penal Code, 1860 Section 376, Indian Evidence Act, 1872 Section 114 Illustration (g), Code of Criminal Procedure Section 313
Jaspal Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2946725
