Allahabad HC sets aside conviction of accused in kidnapping, rape case

Prayagraj, Jan 14 (PTI) The Allahabad High Court has set aside the conviction of an accused in a kidnapping and rape case observing that the girl did not mention anything about forcible sexual assault during her medical examination or in her statement under Section 164 CrPC made before the judicial magistrate.

Justice Achal Sachdev in its judgment on Tuesday noted that the victim's act of retracting from her exculpatory statements given to the magistrate during the trial casts a "shadow of doubt" over her integrity and the same had weakened the prosecution's case.

The court allowed the appeal filed by Bhagwat Kushwaha and acquitted him of the charges.

Kushwaha had challenged tge September 2019 judgment by the Special Judge (POCSO), Jhansi convicting him under Section 366 (kidnapping, abducting or inducing a woman to compel her marriage) and Section 376 (Rape) of the IPC.

The court also relied on the medical report of the girl which negated the prosecution's version that the victim had been abducted and was forcibly raped by the appellant.

According to the prosecution's case, on May 28, 2015, the father of the girl made a written complaint before the police officials stating that his daughter had gone missing and that she had been kidnapped by Bhagwat.

The victim was recovered by the police the next day. Her statement was recorded by the police. In her statement before the magistrate, she did not make any complaint of rape or kidnapping rather she admitted that she was in love with the appellant and went along with him of her own wishes.

The victim later changed her stance before the trial court claiming that she was kidnapped and raped by the appellant.

However, the high court found it suspicious that she resiled from her earlier sworn statement noting that "resiling from statement before a magistrate...casts shadow of doubt over integrity of witness".

The court emphasised that a statement under Section 164 CrPC cannot be discarded on "flimsy grounds" or a mere assertion that the magistrate recorded it incorrectly.

The court also noted that even in her statement to the doctor, the earliest in point of time, she did not mention the use of force and had simply stated that she went along with the appellant to Jhansi.

The court found the victim's story logically weak. She claimed she was forcibly taken from her house at night and raised an alarm, but nobody listened despite her parents sleeping in the same house.

The high court found it "highly probable" that if she had actually raised an alarm while being abducted, her parents would not have kept sleeping.

It noted that the conviction was based solely on the victim's testimony, which was full of contradictions. Even the medical report showed no signs of recent sexual activity or external injuries. PTI COR RAJ ZMN