The Allahabad High Court has acquitted a man convicted of rape and kidnapping in a 1986 case, holding that serious inconsistencies in the prosecution’s evidence created reasonable doubt about the allegations. The Court also observed that the woman, who was above 19 years of age at the relevant time, may have voluntarily participated in the events.
Justice Abdul Shahid, in a judgment delivered on October 7, allowed the criminal appeal filed by Subhash and overturned his conviction by a Meerut sessions court on September 26, 1988. The decision came nearly 38 years after the trial court found him guilty under Sections 363, 366 and 376 of the Indian Penal Code (IPC).
The High Court found that the prosecution’s version was not sufficiently supported by either the medical findings or the oral evidence presented during the trial. It concluded that the material on record did not establish the offences beyond reasonable doubt.
Court Examines Woman’s Conduct and Evidence
An important consideration before the High Court was the woman’s age and conduct during the alleged incident. The Court noted that she was over 19 years old and had travelled through several districts without raising an alarm or approaching the authorities.
Examining these circumstances, the Court observed that the possibility of her having acted voluntarily, with an understanding of her conduct and its consequences, could not be excluded.
The Court also identified substantial contradictions in the prosecution’s account, finding that the evidence as a whole did not inspire sufficient confidence to sustain the conviction.
Defence Questions Medical Findings and Prosecution’s Version
The criminal proceedings arose from an incident dated February 25, 1986, following which an FIR was registered on February 26.
During the appeal, Subhash’s counsel challenged the reliability of the prosecution’s allegations, pointing out that the medical examination had revealed no injuries and had not produced specific findings supporting the allegation of rape.
The defence also referred to the medical report’s observation that the woman was accustomed to sexual intercourse. It argued that her movements across multiple districts, without any apparent attempt to seek assistance or report the alleged offences, were relevant to determining whether she had accompanied the accused voluntarily.
The State opposed the appeal, maintaining that the woman’s testimony was reliable and sufficient on its own to justify the conviction. State counsel argued that she was a credible witness whose evidence could sustain the findings recorded by the sessions court.
The High Court, however, found that the prosecution evidence, considered in its entirety, suffered from significant inconsistencies and lacked adequate corroboration from the medical and oral evidence on record.
Conviction Set Aside After Nearly Four Decades
Concluding that the prosecution had failed to establish its case beyond reasonable doubt, the High Court set aside the September 26, 1988 judgment of the 5th Additional Sessions Judge, Meerut.
Subhash was acquitted of all charges under Sections 363, 366 and 376 IPC.
Since he had remained on bail throughout the appellate proceedings, the Court directed that he was not required to surrender. It also ordered the discharge of his sureties.
