Rape convict gets High Court relief

The trial judge had observed the girl’s testimony was corroborated by her mother. However,Bukhade’s lawyer Surel Shah told the court the chemical analysis report suggested that though semen and blood stains were found on victim’s petticoat and the accused’s underwear,they did not match with the blood samples of the accused,thus deflating the claim of the victim. Justice Roshan Dalvi observed although there were injuries on the back and hips of the victim,a doctor’s testimony revealed there were no injuries on her private parts.

Justice Dalvi observed the trial court had believed the victim as it found her statement “to be acceptable and believable on the ground of lack of animosity against the accused”. Moreover,she added,“the conclusion of the learned (trial) judge that the evidence of the victim,who is a rustic lady,is trustworthy and reliable,corroborated by her mother’ s evidence and medical and other evidence on record is seen to be insufficient to prove the aforesaid two charges against the accused beyond reasonable doubt.”

The incident dates back to August 26,2006,when Bukhade allegedly accosted the victim while she was going to a river in Kolhapur to fetch water. In her statement,the victim had said that Bukhade dragged her to a sugarcane field and allegedly raped her.

Bukhade has been in prison since he was arrested a day after the incident.

Overruling the trial court’s order,Justice Dalvi ordered Bukhade’s immediate release.