Shiv Shankar vs State Of Haryana on 29 May, 2018
In State vs. Mahender Sahni
(supra), the accused took the defence of a monetary dispute pending
between him and his brother on one side and parents of the victim on the
other and also examined two witnesses to support the same, however,
despite being cited as a witness, father of the prosecutrix was not examined
and the statement of the prosecutrix was not found believable upon material
points of the case, having been tutored by her parents, coupled with the
medical evidence. Considering the totality of the peculiar facts and
circumstances of the case, the accused in that case was acquitted, whereas,
in the instant case the statement of the child victim and her parents inspire
confidence of the court being consistent on all material points. Moreover,
the accused failed to establish on record any previous enmity with the
parents of the child victim nor has he led any evidence in his defence to this
effect.