News Citaaation : 2026 LN (HC) 40
Bilaspur, January 13, 2026 : The High Court of Chhattisgarh has set aside a 2007 rape conviction, allowing a long-pending criminal appeal and acquitting the accused after finding serious doubts in the prosecution case and inconsistencies in the testimony of the prosecutrix.
The judgment was delivered on January 13, 2026, by Justice Rajani Dubey in Criminal Appeal No. 396 of 2007. The appeal challenged the conviction and seven-year rigorous imprisonment imposed by a Special Sessions Court at Ambikapur under Section 376(1) of the Indian Penal Code.
The case arose from an incident alleged to have occurred on February 26, 2006, in a village in the Surguja district. The prosecution claimed that the accused had forcibly sexually assaulted the woman in a sugarcane field when she had gone out in the evening. An FIR was lodged a few days later, after the return of the victim’s husband, and the trial court convicted the accused while acquitting him of charges under the SC/ST (Prevention of Atrocities) Act and criminal intimidation.
On appeal, the High Court closely examined the evidence on record, including the statements of the prosecutrix, her family members, independent witnesses, and medical evidence. The Court noted that while the prosecutrix claimed she did not know the accused prior to the incident, multiple prosecution witnesses, including her mother-in-law, husband, and brother-in-law, admitted that the accused was a neighbour who frequently visited their house and was well known to the family.
The Court also took note of admissions made during cross-examination suggesting prior familiarity and possible personal disputes. It found that the medical evidence did not support the allegation of forcible sexual intercourse, as no external or internal injuries were detected. The delay in lodging the FIR, coupled with contradictions in the prosecution version, further weakened the case.
Relying on settled Supreme Court precedents, the High Court reiterated that while a rape conviction can rest solely on the testimony of the prosecutrix, such testimony must be of sterling quality and inspire full confidence. In the present case, the Court held that the evidence did not meet this standard and that the prosecution failed to establish guilt beyond reasonable doubt.
As a result, the conviction and sentence dated May 9, 2007, were quashed, and the accused was acquitted of all charges. The appellant, who was already on bail, was directed to furnish a personal bond in compliance with Section 437-A of the Code of Criminal Procedure to ensure his appearance if the matter is taken further.
The ruling brings to a close a criminal case that had remained pending for nearly two decades and underscores the judiciary’s emphasis on careful scrutiny of evidence in serious criminal prosecutions.
Case Reference : CRA No. 396 of 2007, Onkar Singh s/o Ramlakhan Singh, Surguja v. State of Chhattisgarh, with Mr. A.N. Pandey, Advocate appearing for the appellant and Ms. Nandkumari Kashyap, P.L. appearing for the State.