Lucknow: The Allahabad High Court while acquitting an accused, who spent 19 years in jail, has scolded the state government for not considering the case of a rape accused (now acquitted by the High Court) for remission despite the fact that he spent over 19 years in jail.
The two bench judges of Justice Kaushal Thaker and Justice Ajai Tyagi have found that there was no scientific evidence that can hold the person guilty. The judges were hearing a case of an accused who was convicted in a rape case [u/s 376 of IPC r/w Section 3 (2) (v) of SC/ST Act] in October 2003 by the Special Judge (SC/ST Act), Kanpur Dehat and he was sentenced to imprisonment for life.
Medical report says no rape
The important aspects are the non-founding of spermatozoa and the non-finding of any kind of injuries which would permit us to upturn the judgment of learned Sessions Judge. There is no finding as far as
High Court
the commission of an offense under Section 3 (2) (v) of the SC/ST Act. Only on the ground that the prosecutrix and her family members belong to a particular community, can it be said that the offense has been committed. The answer is, No, the Court said as it overturned the sessions court’s judgment and acquitted him”
High Court while scanning the medical reports noted that the evidence of the doctor and the medical report does not show the presence of any spermatozoa though the prosecutrix after lodging of F.I.R. was directly taken from the police station for medical examination. The Court also noted that no injuries were found on the victim’s body, which was improbable in the circumstances as narrated by the victim.
Similar to Vishnu Tiwari’s case
Last year, the High Court acquitted Vishnu Tiwari who spent at least 21 years in jail. Tiwari was also jailed in a false rape and SC-ST act case filed by a Dalit woman for settling scores in a land dispute case. However after listening to doctors and analysing the reports, the High Court acuitted the man.
