Allahabad HC acquits man serving life term for ‘raping’ minor in 2001
According to the prosecution, the case dates back to March 31, 2001, when the complainant had gone to work and his wife had gone to a forest area to collect fodder, leaving their daughter, the victim, alone at home.
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“In view of the discussions and deliberations held, this criminal appeal succeeds and is allowed,” the court said in its order. (File Photo)THE ALLAHABAD High Court has acquitted a man who had been sentenced to life imprisonment by a trial court in 2002 for allegedly raping a six-year-old girl. The court pointed out that the prosecution failed to prove the charges against him, thereby granting the accused the benefit of the doubt. The court also noted that the medical records did not indicate any injuries to the victim.
According to the prosecution, the case dates back to March 31, 2001, when the complainant had gone to work and his wife had gone to a forest area to collect fodder, leaving their daughter, the victim, alone at home. In the evening, while playing, the victim stepped out of the house to look for her mother. The accused allegedly took her to a field and raped her.
As the girl raised an alarm, two local residents reached the spot and reportedly witnessed the accused sexually assaulting the child. As they approached, the accused fled towards the forest area. The girl was injured and was lying unconscious. Upon being informed, the victim’s parents reached the spot and brought her home.
The girl’s father subsequently filed a rape complaint against the accused at the local police station. The police investigated the case and filed a chargesheet against the accused.
On October 24, 2002, a local court in Bulandshahr sentenced the accused to life imprisonment. Following this judgment, the man, through his lawyer, filed an appeal, arguing that the victim had not suffered any internal or external injuries and that the medical examination and supplementary medical report did not support the prosecution’s version of events.
Opposing the appeal, the government counsel contended that the trial court had thoroughly considered the evidence on record before reaching its findings and sentencing the accused to life imprisonment.
“In view of the discussions and deliberations held, this criminal appeal succeeds and is allowed,” the court said in its order.
The court observed, “We find that the statements of witnesses of fact as well as the victim do not corroborate with the medical evidence. The medical examination of the victim was conducted within six and a half hours. The specific case of the prosecution is that sexual assault was committed upon the victim. In our assessment at the tender age of six years if the victim is subjected to rape some sort of injury is bound to occur and be reflected in the medical papers or the testimony of doctor. The fact that none was found, along with with the fact that there are contradictions in the manner in which the offence was observed by the witnesses, we are of the considered opinion that the prosecution has failed to prove the charges of rape levelled against him and accused is entitled to benefit of doubt.”
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