Allegations Were Made To Get Money From Government: Allahabad HC Acquits Man Accused Of Murder & Attempted Rape Of 100 Year Old Woman
|The Allahabad High Court acquitted a man accused of murdering and attempting to rape a 100-year-old woman while noting that the cause of death was septic shock and there was no evidence showing any blow or injury.
The Court said that there are chances that allegations of sexual offence and homicide were made only to get money from the government.
The Court was hearing a Criminal Appeal against the decision of the Court arising out of a case registered under Sections 458, 376, 302, 506 of IPC.
The bench of Justice Ashwani Kumar Mishra and Justice Dr Gautam Chowdhary observed, “the trial Court’s assumption that the accused was attempting to commit rape is wrong, hence section 376/511 against the accused for attempting commit rape is not proved….the deceased was about 100 years and she did not die due to any blow or injury etc. No evidence has been presented to classify his death as homicide. In such a situation, this concept is supported that perhaps the allegations of sexual offence and homicide were made only to get money from the government.”
Advocate Jitendra Kumar Shisodia appeared for the Appellant and Archana Singh appeared for the State.
Brief Facts-
The complainant lodged a complaint informing that his 100-year-old, ailing grandmother was sexually assaulted by a fellow villager. It was alleged that the accused was in an intoxicated state when he assaulted the grandmother. After the incident, the grandmother was taken to the police station and a case was registered under sections 458 and 376 of the IPC and the SC/ST Act. Grandmother died the next day, hence the case was modified to include Section 302 IPC. A charge sheet was filed against the accused denied the charges during the trial and sought a full trial.
The Court noted that the wife of the complainant who is PW-2 accepted that the accused was naked when he ran away from the house, however, according to the Court none of his belongings were found in their house. The Court further noted that even though there was noise when the accused ran away, “there is no neighbour or neighbour witness to this incident.”
The Court further noted the evidence of the doctor according to which, “apart from the bed sore, there were no major injuries marks on the body of the deceased nor were there any internal injuries or marks, Death occurred due to septicimia and old age.”
Accordingly, the Court set aside the decision of the lower Court convicting the accused under Section 302 and Section 376/511.
Finally, the Court allowed the Criminal Appeal.
Cause Title: Mohd Shane Alam v. State of U.P. (Neutral Citation: 2024:AHC:132737)