HP High Court Upholds Acquittal Of Rape Accused, Says Lack Of Injuries On Victim's Body Shows Presence Of Consent

The Himachal Pradesh High Court upheld the acquittal of the accused in a rape case, observing that the medical evidence, which revealed no injuries on the prosecutrix, supported the view that she may have consented to the alleged act.

Division Bench of Justice Vivek Singh Thakur & Justice Sushil Kukreja noted that: “The medical evidence clearly shows that the prosecutrix did not sustain any injury on any part of her body and there was no mark of any injury or violence on her person at the time of her medical examination, which further fortifies the fact that she did not resist the alleged act… In fact, it seems that the prosecutrix was consenting party to the alleged act.”

In 2013, a complaint was filed against the petitioner, alleging that while her husband was away for work and her children were at school, her cousin, the accused entered the house and forcibly raped her.

She submitted that when she returned home after collecting grass from the forest she noticed the accused sitting on a cot in the verandah of her house. So she went inside the room to get water for him, however the accused also entered the room, caught hold of her and laid her on the bed. 

She alleged that the accused tore her clothes and committed rape upon her. She further alleged that he threaten to kill her if she disclosed the incident. 

The police registered the FIR and after completion of investigation police presented the chargesheet before the Trial Court.

However, the trial court found contradictions and improbabilities in the prosecutrix's version and acquitted the accused.

Aggrieved the state filed an appeal under Section 378 of the Code of Criminal Procedure.

The Court remarked that even though in rape cases conviction can rest solely on the testimony of the prosecutrix. However, in this case the prosecution's case did not inspire confidence and statement lacked the “sterling quality” required to convict.

The Court observed that in her cross examination the prosecutrix submitted that “there were number of other houses near her house, but surprisingly, neither did she raise any hue and cry nor raised her voice calling for help.”

Even the medical examination showed no injuries on her body, which contradicted her claim that she resisted a forcible assault and had it showed that she had given her consent to the alleged act.

The Court also found it unnatural that after the incident, the prosecutrix did not contact her husband on phone and she also did not inform her sister who lived just 2 km away.

Thus, the Court upheld the acquittal of the accused, holding that the prosecutrix's version was unreliable.

Case Name: State of H.P. v/s Sunil Khan

Case No.: Cr. Appeal No. 281 of 2015

Date of Decision: 12.09.2025

For the Petitioner: Mr. J.S. Guleria, Deputy Advocate General.

For the Respondents: Mr. Y.P. Sood, Advocate

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