SC rejects allegation made by girl and acquits a man accused of rape

Judgement is dated 3-1-2014 in criminal Appeal No. 9 of 2014. Judgement is delivered by Justice (Smt.) Ranjana Prakash Desai and Justice Chelameshwar

The judgement can be read on official website of Supreme Court www.supremecourtofindia.nic.in

The judgement says that it is extremely dangerous for society to rely only on vacillating testimony of prosecutrix. If other indicators of truth (Evidence) do not support allegation of rape, the acquittal is possible.

I have noted this judgement here because I think the judgement is important for two reasons : 1) It gives new directions to all courts below and 2) The judgement is by a woman judge who understands psychology of a woman better than a man can.

In my view, in most of such cases, there are no eye witnesses. So there is word of a woman against word of a man. Both can be lying and both can be telling truth. And both can be telling half truths. It is really hard for judges to find independant indicators of truth. 

Truth serum test, Narco test, lie detection test etc are as yet not made admissible against wishes of maker of statement. But I think where accused thinks that he is framed up, and if he has confidence on such tests, then he should offer himself to such tests and then judges can consider value of such reports.

Haresh Raichura
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