Bhupender Singh Bisht vs State Rep. By on 18 August, 2015
by the Investigation Officer from the bed room where the alleged
occurrence had taken place should have confirmed the victim version
that the Accused attempted to indulge in sexual intercourse, by the time,
the mother and grandmother entered the house immediately he had
rubbed his genital organ on the bed spread and left the room. Believing
these version, the bed spread was seized and subjected to forensic
examination. The result of the forensic examination was otherwise.
Therefore, the Prosecution had not examined the forensic expert who had
examined and given report about the same. After closing of Prosecution
Witnesses, the Accused had summoned the Forensic Expert, as the report
of the forensic examination had not supported the case of the Prosecution
and the Prosecution had not summoned the Forensic Expert. Therefore,
the Forensic Expert was examined as D.W-1. Therefore, the reliance
placed by the learned Counsel for the Appellant in (1997) 7 SCC 677 in
the case of Madan Lal Vs. State of J&K is found acceptable to the facts
of the case. When there are two views possible, the Court has to consider
or lean towards the acquittal. The learned Sessions Judge ignored the
evidence available before the trial Court particularly in the cross-
examination of the mother of the victim/P.W-1 and the cross-examination
21/24
https://www.mhc.tn.gov.in/judis
.Crl.A.No.359 of 2016.