Punjab & Haryana HC: Just A Statement Of Prosecutrix Isn’t Sufficient To Hold Someone Guilty

Asserting, “In the civilised society, nobody can be held guilty or implicated only on the basis of the statement of prosecutrix (the victim)”, the Punjab and Haryana High Court denied a lady’s request to overturn a trial court’s decision acquitting her ex-fiance of charges of raping and sexually assaulting her. 

Moreover, the lady’s appeal against the trial court’s decision was rejected by the division bench of Justices G S Sandhawalia and Jagmohan Bansal, who also affirmed the order of acquittal. 

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Reportedly, in 2017, the accused (respondent) and his family visited the woman’s home to do a ring ceremony. The respondent called the appellant after a month and asked her to meet him in Rewari. Furthermore, she asked her parents if she could meet him at a bus stand nearby, and they permitted her, after which she met him. 

As per the lady, her fiance, on a two wheeler, took her to a hotel where they spent around 30 minutes at the restaurant and then he tried to get a room in that hotel, on which the staff refused. Moreover, after that he took the lady to some other place and tried to make physical relationship with her, and when she refused, he threatened her not only to kill but even not to marry her. 

After a few days, the lady told her mother about the whole incident, and then filed an FIR under IPC sections 354 and 376, Surprisingly, the accused serves the Indian army, who was arrested after the FIR was filed. The Rewari trial court cleared him of the charges, and then the lady filed an appeal in the Punjab and Haryana high court, which has been dismissed by the court now. 

Additionally, the advocate of the women said that her statement was enough to hold her fiance guilty, and even submitted the statement of the hotel’s owner where he confirmed that the couple came to his hotel on 9th of August, 2017. However, the court, stating, “Nobody can be held guilty or implicated only on the basis of the statement of prosecutrix,” dismissed the plea of the lady.

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