The decision to acquit the rape accused remains intact

Prayagraj, 22 October (Hindustan Reporter). The Allahabad High Court has upheld the trial court's decision of acquitting four people in a rape case, terming it as correct. The court said that it seems that the victim had consented to whatever happened.

The allegations of sexual harassment are not being proved even in the medical examination. The FIR was lodged with a delay of 15 days without giving any proper reason. The victim stayed with the accused for 25-26 days, but she did not seek anyone's help to defend herself. On the basis of these facts, the division bench of Justice Rajiv Gupta and Justice Ram Manohar Narayan Mishra rejected the appeal of the state government.

On April 22, 2009, the complainant lodged a case of rape and kidnapping of the minor daughter in Kanpur Dehat police station. She alleged that on April 7, 2009, accused Balwan Singh, Akhilesh, Siya Ram and Vimal Chandra Tiwari kidnapped her daughter. Police recovered the victim along with accused Balwan Singh on 03 May 2009.

Based on the evidence, the trial court found that the victim was an adult. She had left her house with the accused of her own free will. Despite getting the opportunity to ask for help, he did not ask for help from anyone. In such a situation, the idea of ​​kidnapping does not seem appropriate. This proved that she had gone with the accused willingly. It also does not prove that the relationship was established against her will. The accused were acquitted of the charges. The state government challenged the trial court order in the High Court.

The Division Bench examined the facts of the case and found that the FIR was filed 15 days after the incident and the prosecution did not give proper reason for this delay. The court said that as per her testimony, the victim lived with the accused Balwan for 25-26 days. Nevertheless, he never tried to ask for help from passers-by during the journey. Medico-legal investigation reports do not corroborate the allegations of sexual assault. The court dismissed the state's appeal, finding no reason to doubt the trial court's decision.