Allahabad High Court Acquits Appellant in Rape Case - Unreliable Testimony and Lack of Corroborative Evidence

In a significant Judgement, the High Court of Judicature at Allahabad acquitted the appellant in a case involving allegations of sexual assault, highlighting the unreliability of the prosecutrix's testimony and the absence of corroborative evidence. The judgment, delivered on July 12, 2023, brings attention to the necessity of substantial evidence for conviction in such cases.

High Court found the testimony of the victim recorded during the trial to be "unbelievable/improbable" and lacking credibility. The court emphasized that "one piece of her testimony cannot be relied upon unless there is some other corroborative evidence." The trial court's decision to convict the appellant solely based on a small portion of the prosecutrix's testimony without corroboration was deemed a "manifest illegality" by the High Court.

High court highlighted the requirement for corroborative evidence: "The law laid down through the aforesaid judgments of the Hon’ble Supreme Court, in clear terms, provides that if the testimony of the prosecutrix has been found to be full of contradictions, then the conviction cannot be based on certain piece of testimony of the prosecutrix unless there is corroborative evidence to support the version of the prosecutrix."

The court further noted that the Supreme Court has emphasized the need for the testimony of the prosecutrix to pass the test of a "sterling witness," and that the sole testimony cannot be the basis for conviction if it is under a cloud of suspicion. In this case, the court found material contradictions in the prosecutrix's version of events, and the medical evidence did not support the prosecution's case.

The judgment referred to previous enmity between the families involved and the lack of supporting witnesses. The court concluded that the prosecution failed to prove the charges beyond a reasonable doubt, warranting the acquittal of the appellant.

This judgment serves as a reminder of the importance of reliable and trustworthy evidence in cases of sexual assault, highlighting the need for corroboration and consistency in the testimony of the prosecutrix. It establishes a precedent that a conviction cannot be based solely on the uncorroborated testimony of the victim.

The decision of the High Court in this case draws on precedents set by the Supreme Court, specifically the judgments in Baldeo Sao vs. State of Jharkhand (2007) and Santosh Prasad @ Santosh Kumar vs. State of Bihar (2020). These cases underscore the significance of corroborative evidence and the need for the testimony of the prosecutrix to meet the standards of a "sterling witness" for conviction in sexual assault cases.

Date of Decision: July 12, 2023

Devanand Pandey  vs State of U.P.    

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