3 min readLucknowUpdated: Mar 23, 2026 04:31 AM IST
The Allahabad High Court said that a reading of the judgment passed by the trial court prima facie shows that the medico-legal report has not been discussed at all. (Image generated using AI)
The Allahabad High Court has sought an explanation from a special POCSO court judge who failed to examine the medical report and injury marks on a minor rape victim that led to the acquittal of the accused in the case.
In its order delivered on Tuesday, a bench of Justices Salil Kumar Rai and Dr Ajay Kumar-II also questioned the prosecution for not examining the doctor who conducted the medical examination of the girl and the trial court for not summoning the doctor as a court witness to explain the medico-legal report.
The bench observed, “We are pained to observe that trial Judge has not mentioned in the impugned judgment the injuries found on the body of the victim, whereas Circular Letter dated 3rd March, 2002 & Circular Letter dated 3rd March, 1982 of High Court clearly directs the Judicial Officers to invariably reproduce in their judgments, the injuries from the injury reports of the injured persons.”
The High Court was hearing an appeal filed by the Uttar Pradesh government challenging the acquittal of an accused in a 2024 rape case in Kushinagar district. The special judge acquitted the accused on April 9, 2025.
While hearing the appeal, the Division bench stated that a perusal of the trial court’s judgment showed that the girl was examined medico-legally and that the defence accepted the report’s genuineness.
The Bench, however, added that the judgment contained no mention of the injuries found on her body and no discussion at all regarding the medical report. “There is no discussion that the said report was prepared by who and when…. We perused the medical report as handed over to us by Additional Government Advocate, a perusal of which reveals that the victim sustained following injuries,” the Bench stated, listing the injury marks.
“…We find [it] strange that the prosecution did not examine the concerned doctor, and what we find most strange is that the trial court failed in its duty to ensure that the doctor is produced or summoned as a court witness to explain the injuries found on the body of the victim at the time of medico-legal examination,” the Bench added.
The High Court directed that a notice be issued to the special judge.
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“The aforesaid is necessary in view of the fact that a reading of the judgment passed by the trial court prima facie shows that the medico-legal report has not been discussed at all, which is a relevant fact and has helped the accused in being acquitted of the charge,” the court stated, listing the hearing of the matter for April 15.
Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution.
Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape.
Trustworthiness & Accountability Under his stewardship, the Lucknow edition adheres to the strictest standards of factual verification and non-partisan reporting. He serves as a bridge between the local populace and the national discourse, ensuring that regional issues are elevated with accuracy and context. By prioritizing primary-source reporting and on-the-ground verification, he upholds the trust that readers have placed in the Express brand for nearly a century. ... Read More
