HC sets aside trial court judgement & order, acquits man of all charges

Kolkata: Upholding a Supreme Court (SC) observation that unreliable and flawed testimony of victim makes conviction difficult, Calcutta High Court (HC), in its recent judgement, set aside the conviction and sentence awarded by the trial court, acquitting an accused of all charges in an alleged rape and

abduction case.

The Bench of Justice Tirthankar Ghosh was hearing an appeal where the appellant challenged the conviction and sentence awarded by the trial court in an alleged rape and abduction case in

Birbhum district.

The appellant was accused of abducting a woman he was acquainted with and confining her within a place where she was raped for about a month till she managed to escape her captors. The case dates back to 2010. The trial court framed charges under IPC sections. The prosecution relied on 16 witnesses. The probe was conducted based on a complaint by the victim’s brother.

The victim alleged, on the incident day, she was returning from the police station after complaining against the accused who allegedly often irritated her on the road and assaulted her. On her way back, in a marketplace, she was dragged into an SUV vehicle by the accused and three other persons who took her to an unknown place where she was confined and raped for about a month. She managed to escape and subsequently went to the police. HC observed that the woman was missing from March 17, 2010 but no missing diary was lodged or information communicated to the police. There were no witnesses relied upon by prosecution relating to the place of occurrence- a market place- and hence her abduction from there using an SUV

inspired no confidence.

The court took into consideration the discrepancies in the victim’s statements before the Judicial Magistrate (JM) and ones made in court. Before the JM, she said she was abducted by four unknown persons who raped her and she apprehended such was done at the behest of the accused. She did not allege the accused raped her. But in court, she said the accused along with others abducted and then raped her. The victim also did not narrate any fact of sexual abuse before the doctor who examined her, court observed. HC relied on several SC judgements where it was observed: To hold an accused guilty for commission of an offence of rape, the solitary evidence of the prosecutrix is sufficient provided the same inspires confidence and appears to be absolutely trustworthy, unblemished and should be of sterling quality.

Accordingly, HC set aside the judgement and order of conviction and sentence of the trial court and acquitted the appellant of all charges.

Since the appellant was on bail, he was also discharged from bail bonds.