Only rape victim's testimony not always reliable, says HC
Mumbai: The Bombay High Court has quashed and set aside the conviction of a 19-year-old man in a rape case, holding that only the testimony of the victim cannot always be considered as adequate evidence.
A single bench presided over by Justice Revati Mohite-Dere held that the victim's testimony in such cases must be cogent and reliable.
And if such testimony did not "inspire confidence", then the man deserved to be given the benefit of doubt, she said in her order.
Justice Mohite-Dere passed the judgement in the case last month, but the details of her order were made public only earlier this week.
She was hearing an appeal filed by Sunil Shelke, a resident of a village in Maharashtra's Thane district.
Shelke had challenged a 2014 order of a local court that convicted him for the offence of rape and sentenced him to seven years' imprisonment.
As per the petition, the alleged incident took place in March 2009.