The Bombay High Court has quashed an order of conviction against two men accused of raping a 13-year-old girl. A Division Bench of Justices B.R. Gavie and S.V. Kotwal said the “evidence given by her is not reliable and her medical examination has shown that there were no injuries on her private parts”.
The Bench was hearing an appeal of the two men convicted for raping the girl, who came to Mumbai by mistake while boarding a train to Punjab. The Bench said it was impossible to believe that the victim, who had come to the city for the first time, would lead the police to the exact spot where the crime took place. The police were then easily able to apprehend the accused. The Bench said that it was also difficult to believe that after the FIR was registered, she was able to lead the police to all places where they had taken her.
The court quashed the order and acquitted the men stating, “We are conscious of the settled principle that conviction can be based on the sole testimony of the prosecutrix [victim]. However, if the evidence given by her is not reliable or is intrinsically improbable as in the instant case, then the corroborative pieces of evidence assume importance.”
The court said there was no corroboration for the incident and the medical examination showed that there were no injuries on the victim’s body, including her private parts.
The Bench said that the medical report ruled out forcible sexual assault taking place a couple of days before the examination. The order read, “Even the accused did not have any injuries. Very conveniently, the bloodstained clothes are not before the court on the specious ground that the accused had given different clothes to the prosecution.”
The Bench said the victim’s version of events was full of omissions. “It is improbable and in our opinion, it definitely does not pass the test of reliable evidence, warranting the conviction of the accused in such a serious offence. There are no incriminating reports connecting the convicts with the crime.”
