Allahabad High Court Overturns Rape Conviction Over Victim's Inconsistent Statements
The Allahabad High Court has set aside the conviction of a man accused of kidnapping and rape. The court based its decision on significant doubts raised by the victim's silence during key legal proceedings.
Court Highlights Critical Gaps in Prosecution Story
Justice Achal Sachdev, in a judgment dated January 13, observed that the victim did not mention anything about forcible sexual assault during her medical examination. She also remained silent on the rape allegation in her statement made before a judicial magistrate under Section 164 of the Criminal Procedure Code.
The bench noted that this omission casts a shadow of doubt over the prosecution's version of events. The court emphasized that statements given before a judicial magistrate carry substantial weight and cannot be easily discarded.
Victim's Changing Testimony Raises Integrity Concerns
Initially, the victim told the judicial magistrate that she was in love with the accused, Bhagwat Kushwaha, and had eloped with him willingly. She made no complaint of kidnapping or rape at that time.
Later, during the trial, she changed her stance completely. She claimed that Kushwaha had kidnapped and raped her. The High Court found this reversal suspicious, stating that resiling from a statement made before a judicial magistrate casts doubt over the integrity of the witness.
Medical Evidence and Logical Inconsistencies
The medical report of the girl did not support the prosecution's claim that she had been raped. Furthermore, the court found logical weaknesses in her story.
She alleged that she was forcibly taken from her house at night and raised an alarm. However, she stated that her parents, who were sleeping in the same house, did not wake up. The court found it highly improbable that such an alarm would go unheard in these circumstances.
Background of the Case and Final Ruling
The case originated on May 28, 2015, when the girl's father filed a complaint at a police station in Jhansi. He alleged that his daughter had been kidnapped by Bhagwat Kushwaha. The police recovered the victim the next day.
A special judge under the POCSO Act in Jhansi had convicted Kushwaha in September 2019 under Sections 366 (kidnapping) and 376 (rape) of the Indian Penal Code. The conviction relied solely on the victim's testimony, which the High Court found full of contradictions.
In its final analysis, the Allahabad High Court concluded that the victim and the appellant were likely in a consensual relationship. The court believed she left her father's house of her own volition. Consequently, the court allowed Kushwaha's appeal, acquitted him, and directed his release from jail, provided he is not wanted in any other case.
