Conviction Overturned as Court Finds Allegations Unsupported by Reliable Evidence; Bail Bond to Remain in Effect for Six Months
In a landmark judgment, the Chhattisgarh High Court has acquitted Raju Sahu, who was earlier convicted by the Additional Sessions Judge, Sakti, District Janjgir Champa, on charges of rape and criminal intimidation under Sections 376(1) and 506 Part II of the Indian Penal Code. The High Court's decision, delivered by Justice Sanjay S. Agrawal, highlights the necessity of corroborative evidence to sustain a conviction in cases involving allegations of consent obtained under a false promise of marriage.
The case stemmed from an FIR lodged by the victim on December 22, 2006, alleging that Sahu had committed sexual intercourse with her, promising marriage, and later refused to marry her, which led to the charges. The trial court had convicted Sahu, imposing a seven-year rigorous imprisonment for rape and a three-year term for criminal intimidation, with both sentences to run concurrently.
However, upon appeal, the High Court scrutinized the evidence and testimonies presented. The court noted that the victim's allegations were not substantiated by her parents' testimonies. Furthermore, the medical examination by Dr. Saroj Kachhap did not reveal any injuries, and the pregnancy test was negative, casting doubt on the victim's claims of sexual exploitation leading to pregnancy.
Justice Agrawal emphasized that the prosecutrix's testimony lacked corroboration from other credible evidence, such as chemical examination reports of seized materials, which were not presented. Additionally, the court acknowledged the appellant's preemptive complaint and legal notice against the victim, suggesting an attempt to protect himself from false allegations.
The court also considered the delay in lodging the FIR and the absence of plausible reasons for such delay, which weakened the prosecution's case. Ultimately, the High Court concluded that the evidence was insufficient to uphold the conviction, resulting in Sahu's acquittal.
While allowing the appeal, the court ordered that the appellant's bail bond continue for six months in compliance with Section 437A of the Criminal Procedure Code, 1973, ensuring legal oversight despite the acquittal.
Bottom line:-
Consent obtained on a false promise of marriage cannot be considered as valid consent for sexual relations. However, in the absence of cogent evidence corroborating the prosecutrix's allegations, conviction cannot be sustained.
Statutory provision(s): Indian Penal Code Sections 376(1), 506 Part II; Criminal Procedure Code, 1973 Sections 374, 437A
Raju Sahu v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2931813
