Allahabad HC releases a rape convict after 20 years because the prosecutrix was not a stellar witness

Recently, the Allahabad High Court came to rescue a man after he was in jail for 20 years for a false rape case that a woman filed due to a land dispute.

The Bench set aside the conviction order passed by the Trial Court in 2003. The Court disagreed with the learned AGA’s stand that the victim was raped and that the court should not be lenient with the convict.

Hon’ble Court further opined that the prosecutrix was not a sterling witness and therefore did not inspire the Court’s confidence.

Background:

As per the prosecutrix, she was five months pregnant and was on her way to give lunch to her in-law when the accused thrashed her and then sexually exploited her. She further alleged that the incident occurred due to her caste. She also stated that the accused threatened her and told her not to approach the police.

The Trial Court convicted the accused, and he filed an appeal in 2005 that remained defective for 16 years. The Legal Service Authority filed a listing application, and the case was taken up.

Findings of the Court

The Hon’ble Court remarked that it was most unfortunate that the appeal was not cured for 16 years.

After going through the evidence on record, the Court concluded that there were material contradictions in the prosecutrix’s testimonies and her family, and even the oral evidence was unreliable.

According to the Bench, the Father-in-law of the prosecutrix narrated the incident which came out during cross. The Bench further noted that the medical examination report did not support the version of the prosecutrix.

Lastly, the Court opined that the alleged incident did not occur due to the prosecutrix’s caste as per evidence and testimonies of witnesses.

Decision

The Court held that the Trial court erred while passing the conviction order; therefore, the Court set aside the impugned order.

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