“At The Tender Age Of 6 Yrs, If Victim Is Subjected To Rape, Some Sort Of Injury Is Bound To Occur”: Allahabad HC Acquits Rape Convict

The Court noted that the minor victim’s statement recorded before the trial Court merely showed that she had shaken her neck while answering the questions put to her, which was not entirely reliable to convict the appellant, who was convicted under Section 376 of the IPC.

A Division Bench of Justice Ashwani Kumar Mishra and Justice Gautam Chowdhary observed, “In our assessment at the tender age of six years if the victim is subjected to rape some sort of injury is bound to occur and be reflected in the medical papers or the testimony of doctor. The fact that neither any redishness was seen nor any swelling was noticed by the doctor in the private part of the victim and her hymen was found intact, coupled with the fact that there are contradictions in the manner in which the offence was observed by the witnesses, we are of the considered opinion that the prosecution has failed to prove the charges of rape levelled against him and accused is entitled to benefit of doubt.”

Advocate Rajiv Gupta appeared for the appellant, while AGA Pankaj Kumar Tripathi represented the respondents.

The case of the prosecution emanated from the written report of the informant had alleged that his 4-year-old daughter was enticed away by the appellant who committed rape upon her in a wheat field. An FIR was lodged on the same day.

The trial court convicted the appellant based on his guilt established beyond reasonable doubt. Challenging the impugned judgement and order of conviction, the appellant submitted that the trial court erred in recording its findings since the testimony of witnesses were not reliable and further claimed that he was falsely implicated.

The appellant argued that the victim had not sustained any internal or external injury and the medical examination as well as supplementary medical report did not corroborate with the prosecution’s version. Thus, the appellant contended that the impugned judgment must be set aside.

The High Court pointed out that the possibility of a minor victim having been tortured to shake her neck instead of giving an oral reply could not be ruled out since the victim was 5-6 years of age. “There is nothing on record to suggest that victim was incapacitated or could not speak,” the Bench remarked.

The Court noted that the medical examination of the victim was conducted within 6.5 hours of the time of the incident and “had there been any such bleeding, the doctor would not have opined that vagina admits tip of the finger.” The Court stated that the opinion of the doctor that no rape had been committed should not have been completely ignored by the trial Court.

Consequently, the Court held that the prosecution had failed to prove the charges of rape levelled against the appellant and he was therefore entitled to the benefit of doubt.

Accordingly, the High Court allowed the appeal.

Cause Title: Heera v. State of U.P. (Neutral Citation: 2024:AHC:135524-DB)

Appearance:

Appellant: Advocates Rajiv Gupta and Shyam Babu Vaish

Respondent: AGA Pankaj Kumar Tripathi

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