Khushi Gupta
Published on: April 12, 2022 at 03:45 IST
While overturning the Withdrawal of a Defendant for Rape, the High Court of Allahabad recently ruled that a Publicized Judge was a better weapon in Criminal Cases against women than the Longer Sections of the Indian Penal Code.
Case Title: State of UP Vs Dharma
A Bench of Judge Suneet Kumar and Judge Vikram D Chauhan recorded the same in an Order passed in an Appeal against the withdrawal of the Accused by the Sessions Judge, Farrukhabad.
The Bench also said, “Such Cases need to be dealt with sternly and severely”.
According to Prosecutor, the Accused grabbed the Complainant’s 9-year-old daughter in the veld, knocked her to the ground, grabbed her mouth and raped her.
The Court Acquitted the Defendant on the Grounds that Prosecutors had failed to present Evidence of the Case without hesitation. It also concluded that the Victim was educated and, therefore, his Testimony was unreliable.
In addition, it was found that the timing of the Alleged incident was inconsistent with the opinion of Medical Professionals.
In examining the Victim’s questions, which included nine typewritten pages, the Supreme Court noted that the Trial Court, Attorney General, and Prosecutor strongly Criticized the Victim. However, he did not deviate from the Prosecutors’ version, the Court ruled.
The Bench added, “It is settled Legal position that the Evidence of Rape Victim stands at par with the Evidence of an injured Witness. Injury of the Rape Victim being Physical, as well as, Psychological in the form of Traumatised Assault and ravishment of her Chastity and Womanhood.”
Therefore, the Court concluded that the Charge against the Accused was proved beyond a Reasonable Doubt. The Accused was sentenced to 10 years’ Rigorous Imprisonment with a Fine of Rs.25,000.