Praveen @ Lallu v. State NCT of Delhi, 2025
The judgment clarifies the law regarding gang rape convictions: presence of multiple offenders during assault can be established even if all are not brought to trial.
Judgement Details
Court
Delhi High Court
Date of Decision
28 August 2025
Judges
Justice Prathiba M. Singh Justice Rajneesh Kumar Gupta
Citation
Acts / Provisions
Facts of the Case
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The appellant was convicted for kidnapping and gang rape of a prosecutrix along with a co-accused, Kalu.
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Kalu escaped arrest and later passed away before trial.
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The prosecutrix identified the appellant in Test Identification Parade (TIP).
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The appellant challenged his conviction claiming failure in identification and inconsistencies in testimony.
Issues
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Can a single person be convicted for gang rape even if the co-accused escapes trial?
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Whether the identity of the appellant was sufficiently established despite challenges to TIP and absence of scientific evidence?
Judgement
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The Court held that a gang rape conviction can be secured against a single accused even if co-accused evade trial or arrest.
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The prosecutrix’s testimony was consistent and credible, and her identification of the appellant in TIP and court was reliable.
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The absence of scientific evidence did not weaken the case as eyewitness testimony was strong and uncontroverted.
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The appeal was dismissed, affirming the conviction and sentence of life imprisonment.
Held
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One offender can be convicted for gang rape even if the other offender escapes or is not apprehended.
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The Identification of accused by prosecutrix is sufficient when not seriously challenged and corroborated by evidence.
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The Conviction under relevant IPC and POCSO provisions upheld.
Analysis
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The judgment clarifies the law regarding gang rape convictions: presence of multiple offenders during assault can be established even if all are not brought to trial.
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It Emphasizes reliability of victim’s testimony and identity evidence over absence of scientific proof when no contradictions arise.
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It Protects prosecutrix’s rights and strengthens legal safeguards against sexual offences.
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It Reaffirms that justice cannot be derailed due to escape or death of co-accused.