Criminal Trial

Acquittal

— Grounds for recording acquittal — Only because a lesser sentence is imposed by trial court (two years' RI in case of rape), held, the same would not be a ground for acquitting the accused — Matter remanded to High Court for fresh consideration, (2006) 6 SCC 9-A

Penal Code, 1860

— Ss. 375 and 376 — Rape — Testimony of prosecutrix — Alleged relationship between prosecutrix and accused — Reliability of testimony of prosecutrix in case of — High Court holding that on evidence showing that there were relations between accused and prosecutrix, it was very difficult to rely upon testimony of prosecutrix and therefor acquitting accused — Unsustainability — Held, the High Court's approach is improper — Trial court has held that alleged relationship between prosecutrix and accused was of no consequence, particularly having regard to manner in which entire incident took place — Matter remanded for fresh consideration to High Court, (2006) 6 SCC 9-B