Inconsistencies in victim's testimony and lack of corroborative evidence lead to acquittal in a high-profile rape case.
In a significant ruling, the Allahabad High Court has overturned the conviction of Bhagwat Kushwaha, who was previously sentenced to ten years in prison for rape and five years for abduction by the Special Judge (POCSO), Additional Sessions Judge, Jhansi. The High Court, presided over by Justice Achal Sachdev, found that the prosecution failed to establish the charges beyond reasonable doubt, leading to Kushwaha's acquittal.
The case stemmed from an incident on May 28, 2015, where the victim's father reported her missing, alleging she was abducted by Kushwaha. The victim was found the next day, and her statements were recorded by the police and later by a Magistrate. The trial court had convicted Kushwaha based on these statements and medical evidence.
However, the High Court highlighted several inconsistencies in the victim's statements, noting that her testimony before the court contradicted her earlier statements to the Magistrate and medical examiners. The victim had initially claimed she was forcibly taken and raped by Kushwaha, but her statements recorded under Section 164 of the Criminal Procedure Code and to medical professionals indicated she left willingly and did not mention any coercion or rape.
The medical examination further revealed no evidence of recent sexual activity, which contradicted the prosecution's narrative. Additionally, the ossification test suggested the victim was a major at the time of the incident, undermining the charges under the Protection of Children from Sexual Offences (POCSO) Act.
The High Court emphasized the importance of the burden of proof in criminal cases, stating that the prosecution must establish guilt beyond a reasonable doubt. The court criticized the trial court for relying solely on the victim's inconsistent testimony without corroborative evidence, particularly when medical evidence did not support the prosecution's claims.
Justice Sachdev's judgment underscored that the presumption of innocence is a cornerstone of criminal jurisprudence, and the prosecution's failure to discharge its burden of proof necessitated Kushwaha's acquittal. The court also noted that the trial court's judgment had inaccuracies, including misdates, which further weakened the prosecution's case.
The ruling has significant implications for future cases, particularly concerning the evidentiary standards required for convictions in serious offences such as rape. It reinforces the judiciary's role in safeguarding the rights of the accused and ensuring convictions are based on reliable and credible evidence.
Bottom Line:
Conviction based solely on the testimony of the victim must inspire confidence of the court. Inconsistencies in the victim's statements, lack of corroborative evidence, and medical findings not supporting prosecution's case can lead to acquittal in a rape case under Sections 366 and 376 IPC.
Statutory provision(s):
- Indian Penal Code, 1860 Sections 366, 376
- Indian Evidence Act, 1872 Section 114A
- Criminal Procedure Code, 1973 Section 164
- Bhartiya Nagarik Suraksha Sanhita, 2023 Section 481
- Juvenile Justice (Care and Protection of Children) Act, 2015 Section 94 and Rule 12 of JJ Rules, 2007
Bhagwat Kushwaha v. State of U.P., (Allahabad) : Law Finder Doc Id # 2837477
