Allahabad High Court Acquits Appellants in Rape Case - “Sole Testimony of Victim Does Not Inspire Confidence”

In a significant development, the Allahabad High Court, Lucknow Bench, acquitted the appellants in a rape case citing insufficient corroboration of the victim’s testimony. Delivering the judgment, Hon’ble Mrs. Renu Agarwal, J., highlighted that the sole testimony of the victim did not inspire confidence and failed to establish the case beyond reasonable doubt.

The case involved the appellants, Madan and others, who were convicted and sentenced by the trial court under Section 376 read with Section 34 of the Indian Penal Code (IPC) and Section 3(1)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. However, the High Court found several discrepancies and inconsistencies in the victim’s statement, lack of injuries and corroborating evidence, and a delay in lodging the FIR.

Referring to previous judgments, the court emphasized the importance of corroboration and reliability of the prosecutrix’s testimony. It noted that the delay in filing the complaint, absence of medical evidence supporting the victim’s claims, and the non-appearance of independent witnesses weakened the prosecution’s case.

Justice Renu Agarwal, in her judgment, stated, “The delay in lodging the FIR is not properly explained... No injury is found on the body of the victim, although four persons are said to have raped her... Sole testimony of the victim does not inspire confidence to the extent to convict the accused appellants.”

The court also highlighted the absence of evidence to establish a caste-based motive under the SC/ST Act, as no indication of caste-related humiliation was presented during the proceedings.

Allahabad High Court allowed the appeal, setting aside the judgment and order of the trial court. The appellants were acquitted of all charges, and their bail bonds were discharged.

 Date of Decision: 6th July 2023

Madan vs State of U.P