“Prosecutrix Step By Step Made Improvements In Her Version”: HP High Court Upholds Acquittal In Rape And Criminal Intimidation Case

Himachal Pradesh High Court upheld acquittal of an accused in rape and criminal intimidation case, holding that that the testimony of the prosecutrix did not inspire confidence, as it was full of material contradictions and made improvements at every stage of the proceedings.

The Court further remarked that the prosecutrix exaggerated her version over time, which made it impossible to rely on her submissions.

Division Bench of Justice Vivek Singh Thakur and Justice Sushil Kukreja remarked; 

“Here is a case where the prosecutrix step by step made improvements in her version, thus it is difficult to ascertain that which of her versions is trustworthy and reliable.”

The appeal was filed against a judgment dated 25 April 2014 passed by the Additional Sessions Judge, Una in which the accused was acquitted of offences under Sections 376 (rape) and 506 (criminal intimidation) IPC.

The prosecutrix alleged that on the eve of Karwa Chauth in November 2012, she was called to the house of the co-accused Seema Devi, where she was allegedly raped by the accused Gian Chand.

The prosecutrix contended that the accused threatened her saying that he knows witch-craft and threatened her with knife saying that he will kill her and her husband.

The Court noted that even though the alleged incident occurring in November 2012, the complaint was formally pursued only in April 2013, and that a compromise took place with the intervention of the Panchayat.

The Court reiterated that “The statement of prosecutrix can be made the sole basis for conviction unless there are cogent reasons for the Court to be hesitant in believing the statement at its face value or to seek corroboration.”

Further the Court observed that the prosecutrix changed her statement regarding the role of co-accused at different stages, majorly regarding her involvement.

The Court also noted that the relations between the parties were strained and earlier litigation has also been going on between them, so the case can also be termed as the outcome of enmity.

Thus, the High Court upheld the acquittal of the accused and dismissed the appeal.  

Case Name: Urmila Devi v/s State of H.P. and others 

Case No.: Cr. Appeal No.280 of 2015

Date of Decision: 14.10.2025

For the Petitioner: Mr. Rajnish K. Lal Advocate.

For the Respondent No.1/State: Mr. I.N. Mehta, Senior Additional Advocate General.

For respondents No.2 & 3: Mr. Divya Raj Singh and Ms. Ritu Singh, Advocates 

Click Here To Read/Download Order