LI Network
Published on: January 2, 2024 at 11:00 IST
The Gauhati High Court has quashed the conviction and sentence of a man accused of raping a minor under Section 376 of the IPC.
The Court ruled that the evidence presented by the victim did not align with her sister’s testimony, and the medical officer’s report failed to indicate any signs of sexual assault.
In a judgment delivered by Justice Susmita Phukan Khaund, the Court emphasized that despite the victim’s claim of sexual assault, numerous contradictions and the medical officer’s report warranted extending the benefit of doubt to the appellant.
The Court highlighted the potential dangers of convicting based solely on the victim’s testimony, especially when the evidence presented was riddled with inconsistencies.
The prosecution asserted that the accused committed rape on a 13-year-old victim on November 07, 2017, leading to charges under Section 4 of the POCSO Act, 2012. The Trial Court convicted the accused under Section 376(2)(I) of IPC in July 2019, sentencing him to 10 years of rigorous imprisonment and imposing a fine of Rs. 10,000.
In response, the accused filed an appeal before the Gauhati High Court, contending that key witnesses, the victim (PW5) and her younger sister (PW6), who could not speak Assamese or Bodo, had their statements improperly interpreted.
The defense also argued that the medical examination revealed no signs of sexual assault, with the victim’s hymen found to be intact.
The Court noted that the medical officer’s report showed no injuries or spermatozoa and no evidence of violence on the victim’s private parts.
The Additional Public Prosecutor maintained that despite the lack of medical evidence supporting the rape charge, the victim’s testimony should not be dismissed.
The Court, however, pointed out that the sole evidence of two minor witnesses without substantiating proof was insufficient for a conviction.
Citing procedural lapses and contradictions in the evidence, the court extended the benefit of the doubt to the appellant, referencing a precedent in a similar case. Consequently, the Gauhati High Court overturned the conviction and sentence imposed by the Trial Court in its judgment dated July 23, 2019.
Case Citation: UB v. The State of Assam –
