The Allahabad High Court has acquitted three men who were convicted in a 1983 gang rape case involving a seven-month pregnant woman, ruling that the prosecution failed to prove the charges beyond a reasonable doubt. The decision was based on a lack of medical evidence, inconsistencies in witness testimonies, and a vague First Information Report (FIR), as reported by LiveLaw.
Court's Observations
Justice Avnish Saxena set aside the May 1984 judgment of the Additional Sessions Judge in Mathura, which had sentenced all three accused to seven years of imprisonment under Section 376 of the Indian Penal Code (IPC). The case stemmed from an incident on May 9, 1983, where a seven-month pregnant woman from the Scheduled Caste community alleged that four men, including an unknown driver, sexually assaulted her at knifepoint for nearly an hour inside her home. Her husband was away grazing goats at the time. Upon returning, the husband found the house bolted from inside and allegedly saw the accused fleeing after jumping the boundary wall.
FIR and Delay Issues
The High Court noted that the FIR itself raised doubts because it named only three accused despite the victim alleging four perpetrators. The FIR was filed on May 14, 1983, five days after the incident. The prosecution attributed the delay to the informant's fear of the accused, noting that his was the only Scheduled Caste family in the village. However, the bench found this explanation unconvincing given other inconsistencies in the prosecution's case. The bench observed, as quoted by LiveLaw, that the prosecution evidence did not inspire confidence that the accused committed rape, and they should be acquitted because the ocular and documentary evidence did not show their involvement.
Medical Evidence Lacking
A major factor in the acquittal was the absence of supporting medical evidence. The medico-legal report, conducted five days after the alleged incident, showed no marks of injury on the victim's body or private parts. The pathological report confirmed she was seven months pregnant with a normal pregnancy, and no sperm was detected. The court also noted that no doctor was examined during the trial. Significantly, the bench observed that if a seven-month pregnant woman had been subjected to gang rape for nearly an hour by four men, it would likely have caused a grave medical exigency, which was not reflected in the medical records at all.
Injuries Claim Dismissed
The court clarified that while medical injuries are not mandatory to prove rape, the absence of corroborative medical evidence becomes significant when the prosecution story suffers from serious inconsistencies. The bench also dismissed the victim's claim that her hands bled from broken bangles during the assault, noting that no broken bangles were recovered by the investigating officer and no such injuries were recorded by the doctor.
Conclusion
The court concluded that the ocular and documentary evidence together failed to inspire confidence regarding the involvement of the accused. Accordingly, the appeal was allowed, and all three men were acquitted.
The TOI Legal Desk is a dedicated team of journalists committed to tracking and reporting on courts, legal developments, and judicial proceedings across the country and world.
