The Himachal Pradesh High Court at Shimla has upheld the acquittal of Mam Raj, who was accused of rape, criminal intimidation, and caste - based atrocities. The State government's appeal against the 2014 acquittal was dismissed on August 29, 2025, by a Division Bench comprising Justice Vivek Singh Thakur and Justice Sushil Kukreja.
Background
The case dates back to 2011 when the prosecutrix alleged that the accused, Mam Raj, had forcibly established sexual relations with her on multiple occasions, hurled caste-based abuses, and even threatened her family. She further stated that he used letters to blackmail her and once caught her by the arm before her husband intervened.
The Special Judge at Nahan, however, acquitted Mam Raj in September 2014, citing lack of credible evidence. The State later challenged this verdict under Section 378 of the Code of Criminal Procedure.
Court's Observations
The High Court bench carefully examined the prosecutrix's testimony along with documentary evidence, including a series of letters exchanged between her and the accused. The Judges observed that her statements lacked consistency and clarity.
"The prosecutrix alleged rape on three occasions but could not recall the dates, months, or years of such incidents," the bench noted.
They pointed out that despite making serious allegations, she did not promptly lodge a complaint with authorities or local leaders.
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Crucially, the letters produced in court appeared affectionate rather than coerced.
"The perusal of these letters reflects the feelings of the prosecutrix towards the accused, and they do not demonstrate coercion," the judges remarked.
The Court also scrutinized the allegations of caste-based abuse under the SC/ST (Prevention of Atrocities) Act. Here too, the testimony fell short. Witnesses brought by the prosecution were found to be "interested witnesses" with property disputes involving the accused’s family, weakening the credibility of their statements.
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Decision
In its final ruling, the High Court affirmed the trial court's reasoning and held that the prosecution failed to prove guilt beyond reasonable doubt.
"There is nothing on record which could even remotely establish the guilt of the accused," the bench declared.
With this, the appeal filed by the State was dismissed. The acquittal of Mam Raj stands, and his bail bonds have been discharged. Pending applications, if any, were also disposed of.
Case Title: State of Himachal Pradesh vs. Mam Raj
Case No.: Criminal Appeal No. 266 of 2015
