Inimical Relationship Between Victim & Accused Requires Cautious Evaluation: HP High Court Upholds Acquittal In Molestation Case

The Himachal Pradesh High Court upheld the acquittal of an accused in a molestation case, observing that when the victim submits that she does not have cordial relations with accused and was not on talking terms with him, her testimony requires greater caution.Justice Rakesh Kainthla held that: “The informant admitted that she had an inimical relationship with the accused, and she was not on talking terms with the accused. Hence, her testimony was required to be seen with due care and caution, especially in view of the delay in reporting the matter to the police.”The case arose in 2008. When the complainant was returning home, she alleged that the accused was intoxicated and began teasing her. She further alleged that he held her breasts and outraged her modesty. After 5 days of the incident the victim filed a complaint before the police. The trial court convicted the accused for offences under Sections 341 IPC (wrongful restraint) and 354 IPC (assault or use of criminal force to outrage a woman's modesty). However the appellate court acquitted the accused, holding that the prosecution's version was not proved beyond a reasonable doubt. Thereafter the State filed an appeal before the High Court. The High Court observed that there was contradiction in the statement of the accused as the complaint was filed five days after the incident, and the victim's explanation was contradictory. Further she claimed that she was dragged beneath a 'beed', which was absent from her complaint. Also, while she said a jeep rescued her, the witnesses mentioned a Maruti car.The Court remarked that the testimony of another woman alleging prior molestation by the accused was also held inadmissible under Section 14 of the Evidence Act.Thus, the court upheld the Appellate Court's decision and acquitted the accused. Case Name: State of H.P. v/s Rajesh KumarCase No.: Cr. Appeal No. 197 of 2013Date of Decision: 12.09.2025For the Appellant: Mr. Lokinder Kuthleria, Additional Advocate General.For the Respondent: Mr. Digvijay Singh, Advocate.Click Here To Read/Download Order

Inimical Relationship Between Victim & Accused Requires Cautious Evaluation: HP High Court Upholds Acquittal In Molestation Case

Mehak Aggarwal

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