The Uttarakhand High Court has dismissed a state government appeal in a three-decade-old criminal case, affirming the trial court’s 2004 decision to acquit two men accused of assault and robbery.
Justice Ravindra Maithani rejected the appeal filed in 2008 by the state government against the acquittal of Rajpal Yadav and Nemchand Yadav, citing serious contradictions in witness testimonies and discrepancies in the description of the crime scene.
The case dates back to 1994 when complainant Gaurishankar alleged that he was attacked in Rishikesh by the accused. According to the prosecution, the duo assaulted him with a knife and a stick, leaving him with severe injuries, including a fractured leg. They were also accused of robbing him of money and jewellery.
Despite these allegations, the trial court in 2004 acquitted both men due to insufficient evidence, observing that the prosecution failed to establish guilt beyond a reasonable doubt.
In 2008, the state government challenged the acquittal, arguing that the victim’s testimony, supported by the medical report, was enough to secure a conviction. The defence, however, pointed to contradictions between the victim’s account and other witness statements, as well as gaps in the police investigation.
Agreeing with the defence, Justice Maithani held that the inconsistencies were significant enough to weaken the prosecution’s case. “When material contradictions exist in the evidence, the benefit of doubt must go to the accused,” the court observed.
