Gang-rape: HC upholds conviction of three of 6 accused, acquits others

New Delhi: The Delhi High Court on Monday said a conviction for the offence of rape cannot be sustained in the absence of evidence when the version of the prosecutrix is ridden with contradictions and acquitted three persons in a 2012 gang rape case.

Justice Chandra Dhari Singh, who was dealing with a batch of appeals against the 2016 order of conviction by the trial court, however upheld the conviction of three others in the case in view of the medical evidence against them.

Upholding the conviction, the court said that rape is one of the most barbaric and heinous crimes which is committed against the dignity of the victim as well as the society at large and refused to reduce the sentence imposed upon those found guilty.

Regarding the acquittal of other three, the judge said that a conviction can be based on the sole testimony of the prosecutrix but when there is a reason to not accept her version on its face value, the court may look for corroboration and once the evidence makes her story improbable, her case becomes liable to be rejected. In the present case, the appellants had forcibly taken the prosecutrix, a rag picker, in a car and raped her.

Observing that there was "sufficient material on record in form of medical evidence and forensic report that incriminates" three appellants, the court said that "appellants/accused persons Vicky @ Vijay, Lucky and Uma Shanker are not entitled to any relief, their conviction is upheld".