Inadequate Explanation Under Section 313 CrPC Cannot Be Foundation For Conviction If Prosecution Fails To Prove Case: Allahabad High Court No-Confidence Motion In Housing Societies Fails If 2/3 Majority Not Met; Fractions In Voting Threshold Cannot Be Rounded Down: Bombay High Court Successor Rent Controller Cannot Re-Appreciate Evidence Or Act As Appellate Court Under Review Jurisdiction: Delhi High Court Restores Eviction Order Article 21 Overrides PMLA Section 45 Rigors In Cases Of Unduly Long Incarceration Without Trial: Calcutta High Court Grants Bail To SSC Scam ‘Middleman’ Unregistered Family Partition Deed Recording Past Oral Arrangement Doesn't Require Compulsory Registration: Gujarat High Court Private Banks Acting As Authorised Dealers Under FEMA Amenable To Writ Jurisdiction; Can Refuse Transactions For 'Sanctions-Related' Concerns: Gauhati High Court Non-Examination Of Investigating Officer Not Fatal To Prosecution Case If Eyewitness Testimony Is Credible & Trustworthy: Jharkhand High Court Mere Denial Of Signature Insufficient When Execution Is Proved Through Endorsements: Karnataka High Court Restores Specific Performance Decree Sectarianism Claims Can't Discredit Reliable Testimony Of Child Sexual Abuse Victim: Kerala High Court Upholds Madrassa Teacher's Conviction State Must Prove Specific 'Public Interest' To Exempt Projects From Social Impact Assessment Under Section 10A Land Acquisition Act: Telangana High Court Or 2 Rule 2 CPC |Failure To Seek Specific Performance In Earlier Injunction Suit Bars Subsequent Claim; Readiness & Willingness Must Be Continuous: Madras High Court Exoneration In Departmental Proceedings Does Not Result In Automatic Discharge In Criminal Case: Orissa High Court History Sheet Can Be Opened On 'Reasonable Belief' Even Without Conviction, But Must Be Reviewed After 7 Years Of Good Conduct: Rajasthan High Court

Supreme Court Acquits Appellants in Rape Case - Lack of Evidence and Discrepancies

07 May 2024 8:19 AM

By: Admin


On 2 August 2023, In a significant ruling, the Supreme Court of India acquitted the appellants, Avtar Singh and Sohan Lal, in a Criminal Appeal (No. 1050 of 2013) challenging their convictions and sentencing under Sections 342 and 376(2)(g) of the Indian Penal Code (IPC). The judgment, delivered by Justice Hima Kohli and Justice Rajesh Bindal, highlighted various discrepancies in the prosecution’s version and pointed out the lack of evidence connecting the appellants to the alleged crime.

The case revolved around the alleged rape and abduction of the prosecutrix, whose version of events implicated Avtar Singh, Sohan Lal, and Gian Singh. However, the trial court had earlier acquitted Gian Singh, which the Supreme Court noted as breaking the chain of events presented by the prosecution.

Citing the medical examination report, the Court found no external or internal injuries on the prosecutrix’s body, discrediting her claim of repeated rape over multiple days. The Court further disregarded the appellants’ alibi claim without any reason and highlighted the lack of scientific evidence linking semen stains on clothes to the accused.

Justice Rajesh Bindal, in his judgment, emphasized the need for credible evidence, stating, “There was no evidence brought on record to connect the present appellants with the offence.” Justice Hima Kohli also noted the material discrepancies in the statements of the prosecutrix and her mother, undermining the credibility of the prosecution’s case.

The Court concluded that the findings of the trial court were ”completely perverse” and allowed the appeal, setting aside the convictions of Avtar Singh and Sohan Lal. The appellants were acquitted of all charges, and their bail bonds were discharged.

This landmark judgment reaffirms the importance of credible evidence and the need for a rigorous examination of the prosecution’s version in criminal cases.

Date of Decision: August 2, 2023

Avtar Singh & Anr. vs State of Punjab 

Latest Legal News