Observing that the case of the prosecution was highly doubtful,Bombay High Court (HC) recently set aside the verdict of a lower court sentencing a 56-year-old man to jail for a rape two years ago.
The victim had alleged she was confined to a cattle shed for more than 48 hours by the man and raped. However,HC observed that from the evidence it appeared the woman voluntarily stayed in the shed before escaping on the third day when she could have done so earlier.
The conduct of the rape victim does not permit me to place reliance on her evidence. Though conviction for the offence of rape is permissible to be based on the sole testimony of the prosecutrix,it is equally necessary to be borne in mind that in such a case the conduct of prosecutrix is of great importance and court has to be careful while examining evidence, judge M L Tahilyani noted.