Introduction:

In a significant ruling, the Supreme Court has reinforced the legal principle that in cases of rape, the burden of proof lies on the prosecution to establish guilt beyond a reasonable doubt. The Court acquitted an accused of rape charges, emphasizing that the accused does not have to lead evidence to prove innocence unless specifically mandated by law.

Arguments:

The prosecution argued for the application of Section 114A of the Evidence Act, which presumes absence of consent in certain rape cases. However, the Court found no basis for its application as no charge was framed under the relevant provision. Scrutinizing the evidence, the Court highlighted discrepancies in the prosecutrix’s testimony and noted her conduct before and after the alleged incident. The defense highlighted the lack of coercion or protest by the prosecutrix during the alleged incident.

Court’s Judgement:

The Court observed that the prosecution failed to establish lack of consent beyond a reasonable doubt. It emphasized that burden of proof rests on the prosecution, and the accused need not lead evidence unless mandated by law. Citing the prosecutrix’s conduct and withholding of CCTV footage by the prosecution, the Court concluded that reliance on her testimony was unsafe. Consequently, the accused was acquitted.