The Delhi High Court has upheld the acquittal of a man accused of raping a young woman who died by suicide before she could testify at trial, holding that although the material on record indicated a strong possibility of rape, the prosecution case could not be sufficiently corroborated in her absence.
Justice Vimal Kumar Yadav was hearing the State’s appeal against the 2009 acquittal. The court examined the woman’s statements to the police and a magistrate, her death note, medical evidence and the testimony of family members.
The case related to an alleged incident in May 2006 at the woman’s jhuggi in Delhi. According to the prosecution, the accused, who was her neighbour, entered the jhuggi while she was alone, bolted the door and raped her.
The woman later informed her brother about the alleged assault, following which an FIR for rape was registered. Her statement was subsequently recorded before a magistrate and she underwent a medical examination.
Around three months after the alleged incident, and before she could appear as a witness in court, the woman ended her life. Her note stated that she had taken the step because of the shame associated with the incident.
Court Notes Vulnerability Faced By Women
While considering the appeal, the High Court observed that women, particularly young girls, remain vulnerable and may face exploitation even at the hands of people known to them, including neighbours and relatives.
The court also said the impact of rape was not confined to physical violation and could extend deeply into a survivor’s psychological and mental well-being.
It further noted that survivors may face stigma, ostracisation and questions about their character instead of receiving sympathy, empathy and support.
According to the court, the absence of family, medical, psychological and social support can make life extremely difficult for a survivor and may discourage her from pursuing legal remedies.
The September 28 order also referred to the trauma involved in recounting an alleged sexual assault before investigating agencies and courts and then undergoing cross-examination.
Trial Court Had Acquitted Accused In 2009
The trial court had examined 18 prosecution witnesses before acquitting the accused in 2009.
Challenging that decision, the State argued before the High Court that the woman’s statements, her death note, medical material and the testimony of her family members were sufficient to establish the prosecution case.
The accused, however, opposed the appeal on the ground that the woman’s testimony was not available for examination before the trial court. He also pointed to contradictions in the remaining evidence and argued that there was no conclusive scientific material linking him to the alleged offence.
After considering the record, the High Court found that the evidence created a strong possibility that rape had taken place but held that this could not be adequately corroborated after the woman’s death. It therefore declined to interfere with the acquittal.
