Shimla — The High Court of Himachal Pradesh has dismissed an appeal against the acquittal of an accused in a rape case, emphasizing that evidence suggests the victim voluntarily accompanied the accused.
In a judgment issued here today, the court scrutinized the prosecution’s claim that the victim, aged over 18, was forcibly taken and raped by the accused. The case is related to Nahan.
The victim had reported being taken against her will to various locations and subjected to rape in a hotel. However, the court noted several inconsistencies in the victim's statements and behavior.
High Court Observed:
- The victim’s own complaint and birth certificate confirmed she was capable of giving consent, being over 18.
- Witnesses testified that the victim did not exhibit any distress or seek help during her time with the accused.
- The hotel records showed the victim signed the register without protest, and no complaint was made to the staff about any detention or assault.
The court highlighted that the victim stayed with the accused voluntarily and made no immediate complaints to her aunt or others after the incident.
Testimonies from independent witnesses and the victim’s actions contradicted her claims of coercion.
Citing Supreme Court precedents, the court emphasized that while the victim's testimony in rape cases should be given significant weight, it must be credible and corroborated by evidence.
In this case, the evidence pointed to consensual companionship rather than forceful abduction and rape.
Judges Vivek Singh Thakur and Rakesh Kainthla concluded that the trial court’s acquittal was reasonable and upheld the decision, canceling the bail bonds and discharging the surety of the accused.
(Source: High Court of Himachal Pradesh Judgment, June 11, 2024)
