The Supreme Court has acquitted a man who was sentenced to death in a rape and murder case despite being medically incapable of sexual intercourse, along with his co-accused, after they spent 13 years under the shadow of execution. The bench of Justices Vikram Nath, Sandeep Mehta, and Vijay Bishnoi quashed the trial court and high court orders that had convicted the two men and awarded them the death penalty for the rape and murder of a woman.
Flaws in Prosecution Case
The Supreme Court observed that both the trial court and the high court had glossed over patent infirmities and loopholes in the prosecution's case. The prosecution alleged that the appellants subjected the deceased victim to sexual assault to satisfy their carnal desires and later caused her death when she resisted. However, the bench noted that the evidence on record did not lend credence to this theory of motive.
Medical Evidence Crucial
A significant factor in the acquittal was the medical evidence presented during the trial. Dr. B S Aswal, who medically examined accused No. 1 Mehtab, categorically deposed that due to a medical condition suffered by the accused, it was not possible for him to engage in sexual intercourse. The bench emphasized that this aspect assumed considerable importance because the prosecution's case itself proceeded on the footing that the alleged sexual assault constituted the genesis of the entire occurrence.
In the absence of any cogent evidence substantiating the motive, coupled with the medical evidence, the Supreme Court concluded that the prosecution theory was highly doubtful and did not inspire confidence. Consequently, the court acquitted both accused, setting aside their death sentences and ordering their release.
