Introduction:

The Allahabad High Court recently acquitted a man who had been in jail since 2000 over a rape conviction from an incident allegedly occurring in January 1997. The bench, led by Justice Karunesh Singh Pawar, set aside the conviction, citing doubts in the victim’s testimony and the absence of evidence confirming her age below 16 years at the time of the incident.

Arguments of Both Sides:  

The prosecution’s case revolved around the accused enticing away the complainant’s daughter in 1997. The accused was convicted under Section 376 IPC. His appeal challenged this conviction, emphasizing the victim’s consent and her age at the time, which was pivotal in the context of the age of consent set at 16 years under the unamended Indian Penal Code.

High Court’s Observations:  

The Court highlighted the recovery of the victim after 13 days and her apparent willingness to accompany the accused, as indicated by the absence of an alarm raised during her absence. Medical examination reports didn’t provide corroborative evidence of habitual sexual intercourse. The Court also noted contradictions in the victim’s testimony, where she initially supported the prosecution but later claimed she went willingly with the accused. The absence of injuries and her extended stay without raising an alarm led the Court to infer her consent.

Court’s Judgement:  

The Court ruled that the victim, of her own free will, accompanied the accused and was above 16 years old. Consequently, the accused was acquitted under Section 363 IPC. Regarding the conviction under Section 376 IPC, doubts arose over the victim’s testimony and the lack of corroborative evidence, leading the Court to conclude that she was a consenting party. Therefore, the conviction was not affirmed, and the accused was acquitted.