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Issues involved:
The judgment involves the refusal of the High Court to grant leave against the judgment of acquittal by the State of Rajasthan, based on the prosecution's case under Section 363, 366, 376, and 323 of the Indian Penal Code against the accused. Details of the Judgment: Issue 1: Allegation of Rape and Acquittal The prosecution was initiated based on a first information report alleging that the victim, Kirti Chauhan, was subjected to sexual intercourse against her consent by the accused. Despite charges under various sections of the Indian Penal Code, the trial court acquitted the accused due to inconsistencies in the victim's testimony, lack of supporting evidence, and contradictions in the statements of witnesses. Issue 2: Appeal and Refusal of Leave The State of Rajasthan appealed the acquittal, seeking leave from the High Court. However, the High Court declined to grant leave, stating that the acquittal was based on a proper appreciation of the evidence available on record, leading to the State's further appeal to the Supreme Court. Issue 3: Legal Position on Sole Testimony of Prosecutrix The appellant argued that the trial court erred in acquitting the accused solely based on the victim's testimony, emphasizing that conviction can be based on the sole testimony of the prosecutrix if found credible. Citing legal precedent, the appellant contended that no corroboration is required for such testimony. Judgment and Conclusion The Supreme Court upheld the trial court's decision, stating that the victim's testimony was unreliable and lacked corroboration. Noting contradictions in her statements and the absence of supporting evidence, the Court found it unsafe to base the conviction solely on her testimony. Consequently, the appeal was dismissed, affirming the High Court's refusal to grant leave against the judgment of acquittal.
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