Advocates Cannot Threaten Judges With Corruption Allegations To Force Favourable Orders: Bombay High Court Holds Lawyers Guilty Of Criminal Contempt Co-Sharer Cannot Transfer Specific Portion Of Joint Land; Sale Operates Only As Transfer Of Undivided Share: Himachal Pradesh High Court Companies Act 2013 | Amount Due For Refund Post-Capital Reduction Does Not Qualify As Unclaimed Application Money For IEPF Transfer: Delhi High Court Seniority Cannot Be Claimed By Ad Hoc Or Temporary Employees Over Regularly Appointed Candidates: Supreme Court Supreme Court Directs Deposit Of Entire Enhanced Compensation In Land Acquisition Appeals To Balance Financial Liability And Landowners' Rights Succession To Bhumidhari Rights By Hindu Women Governed By Personal Law As It Stands On Date Of Demise: Supreme Court Hindu Widow’s Limited Life Interest In Agricultural Land Becomes Absolute Upon Enactment Of HSA 1956, Governs Devolution Under Delhi Land Reforms Act: Supreme Court Bodily Injury Under Section 165 MV Act Covers Both Temporary And Permanent Injuries Irrespective Of Disability Certification: Bombay High Court Testimony Of An Injured Witness Is A 'Sterling Witness' With A Built-In Guarantee Of Presence At The Scene Of Crime: Allahabad High Court Scrutiny Committee Has Inherent Power To Direct Re-Examination Of Documents During Caste Verification, Does Not Need To Discard Entire Vigilance Report: Bombay High Court Tender Cancellation Orders Must Be Reasoned; Affidavit Cannot Supplement Missing Reasons: Allahabad High Court Section 9 Of Arbitration Act Allows Interim Orders Against Non-Signatories To Preserve Subject Matter: Delhi High Court Order VII Rule 11 CPC | Parsi Matrimonial Suit Can Be Dismissed At Threshold If Jurisdictional Fact Of Marriage Solemnisation In India Is Absent: Bombay High Court Section 125 CrPC | Maintenance Is A Social Welfare Measure To Prevent Destitution, Not A Tool For Financial Enrichment: Allahabad High Court Locus Standi To Challenge Tenancy Orders | Person With Registered Agreement For Sale Is An 'Aggrieved Person' Under BTAL Act: Bombay High Court State Legislature Lacks Competence To Levy Cess On Agricultural Produce Brought For Manufacturing Without Sale: Uttarakhand High Court Senior Citizens Act | Maintenance Order Attains Finality And Remains Executable Against Legal Heirs Post-Death Of Respondent: Telangana High Court Civil Court Cannot Grant Injunction Against SARFAESI Proceedings Even If Suit Property Title Is Disputed: Madhya Pradesh High Court Co-Accused Confession Without Recovery Hit By Section 23 BSA: Punjab & Haryana High Court Grants Bail In Robbery Case Section 28 Hindu Marriage Act | Appellate Court Can Set Aside Divorce Decree Upon Post-Decree Reconciliation Between Parties: Rajasthan High Court Failure To Collect Electronic Evidence Such As Call Detail Records In Offences Under Section 354 IPC Can Prove Fatal To Prosecution Case: Telangana High Court Mere Pendency Of Challenge To Sale Certificate Before DRT Does Not Bar Mutation Under OSS Rules: Orissa High Court Court May Impose Conditions On Minor’s Custody In Habeas Corpus Proceedings To Protect Best Interest Of Child: Madhya Pradesh High Court Banking Fraud | Failure Of Bank Official To Conduct Physical Inspection Of Collateral Property Constitutes Criminal Conspiracy And Abuse Of Official Position: Madras High Court Order 7 Rule 11 CPC | Plaint Cannot Be Rejected For Lack Of Specific Particulars Or Res Judicata At Preliminary Stage: Kerala High Court Surprise Check Without Prior FIR Registration Casts Doubt On Foundational Facts; Uncorroborated Approver Evidence Tainted: Madras High Court Acquits Former Protector Of Emigrants Appointment Of Lambardar | Appellate Authority Remanding Matter Must Not Pre-Judge Merits Of Candidates: Punjab & Haryana High Court Disciplinary Proceedings | Subsequent Deposit Of Embezzled Amount Does Not Exonerate Employee Or Efface Misconduct: Rajasthan High Court Order XXI Rule 37 CPC | Willful Evasion Of Decretal Debt Despite Having Means Justifies Arrest And Detention: Telangana High Court Claims For Recovery Of Stridhan Must Be Substantiated By Cogent Evidence, Not Merely Oral Assertion: Kerala High Court Concurrent Findings Of Fact Regarding Unproved Oral Family Settlement Cannot Be Re-Appreciated In Second Appeal: Punjab And Haryana High Court Limitation Act | Governmental Bureaucratic Delays Without Acceptable Explanation Cannot Be A Ground For Condoning Delay Under Section 5: Telangana High Court Constitutional Courts Should Refrain From Fixing Time-Bound Schedules For Disposal Of Cases In Lower Courts: Jharkhand High Court Industrial Tribunal Cannot Bypass Adjudication Of Domestic Enquiry Validity In Termination Disputes: Calcutta High Court Section 106 Indian Evidence Act Cannot Shift Burden To Accused Unless Prosecution Establishes A Prima Facie Case: Allahabad High Court NDPS Act | Criminal Antecedents And Stage Of Investigation Are Decisive Factors For Grant Of Bail Under Section 480 BNSS: Andhra Pradesh High Court Cannot Dismember An Existing Factory: Bombay High Court Quashes BMC Notices To Acquire Private Land Under Section 299 MMC Act Order 21 Rule 32 CPC | Proof Of Violation By Way Of Expert Evidence Regarding Age Of Construction Is Mandatory: Himachal Pradesh High Court Section 34 Arbitration And Conciliation Act | Court Cannot Re-appreciate Evidence, But Award Lacking Reasoning And Basis Is Patently Illegal: Calcutta High Court Section 175(3) & (4) BNSS | Magistrate Cannot Pass Mechanical Orders For FIR Registration Against Public Servants Without Complying With Statutory Safeguards: Allahabad High Court

No Sign of Recent Intercourse; No Injury Was Found On Her Body Or Private Parts: Gauhati High Court Acquits Two In Gang Rape Case

24 September 2024 12:44 PM

By: sayum


On September 5, 2024, the Gauhati High Court, in the case of Sahid Ahmed @ Soid Ahmed and Saddam Hussain @ Sadu @ Amir Hussain v. The State of Assam (Criminal Appeal No. 431 of 2017), overturned the conviction of the appellants who were earlier sentenced to 27 years of imprisonment for gang rape and house trespass under Sections 376D, 458, and 352 of the Indian Penal Code (IPC). The court allowed the appeal, citing inconsistent witness testimonies, lack of medical corroboration, and unreliable evidence, ruling that the prosecution had failed to prove the charges beyond a reasonable doubt.

The case originated from an incident on January 1, 2017, where the prosecutrix alleged that Sahid Ahmed and Saddam Hussain broke into her house at night and committed gang rape. The prosecutrix, a married woman, claimed that the accused entered her house by breaking through bamboo walls and sexually assaulted her while her children were present. Following the trial in the Sessions Court, Karimganj, the accused were convicted and sentenced to rigorous imprisonment for 27 years under Section 376D (gang rape), 10 years under Section 458 (house trespass), and three months under Section 352 (use of criminal force).

Inconsistencies in Testimony of the Prosecutrix: The High Court found several contradictions in the prosecutrix's statements at different stages of the trial. The court noted that the version of how the accused entered the house changed between her FIR, her statement under Section 164 CrPC, and her testimony before the court. The prosecutrix initially claimed that the accused broke open the door, but later said they entered through a gap in the bamboo walls. The inconsistencies cast significant doubt on the prosecution's version.

“The narrative of the prosecutrix as regards the entry of the accused persons into the house... is inconsistent and lacks coherence,” the court observed [Para 26].

Medical Evidence Fails to Corroborate the Allegations: The medical examination conducted five days after the alleged incident revealed no signs of physical injury or recent sexual intercourse. The prosecutrix did not report any significant injuries to her private parts, and there was no medical evidence to support the claim of a prolonged assault lasting 40-50 minutes.

"There was no sign of recent intercourse; no injury was found on her body or private parts," the court quoted from the medical report [Para 28].

Lack of Forensic and Corroborative Evidence: The court criticized the investigation, noting that no forensic evidence was recovered from the crime scene, such as the kerosene lamp the prosecutrix claimed was lit during the incident. The prosecution failed to produce any independent witnesses, including the children present during the alleged assault.

“The investigating officer did not seize any kerosene lamp, nor did he attempt to record the statements of the children who were allegedly present at the time of the incident,” the judgment pointed out [Para 34].

Delay in Lodging the FIR: While the court accepted that the delay of four days in lodging the FIR could be attributed to the absence of the prosecutrix’s husband, it found that the explanation provided for the delay was insufficient. The court opined that such delays could have led to suspicion about the fabrication of the case.

“The delay in lodging the FIR, though explained, does raise certain doubts given the circumstances,” noted the court [Para 25].

The Gauhati High Court, after examining the evidence and testimonies, concluded that the prosecution had failed to prove the charges against the accused beyond a reasonable doubt. The court emphasized that for a conviction in serious offenses like gang rape, the testimony of the prosecutrix must be consistent, reliable, and corroborated by medical or forensic evidence.

"In a serious charge like Section 376D, IPC, the prosecution must establish the case beyond reasonable doubt, which it has failed to do," stated the court [Para 41].

As a result, the court set aside the trial court's conviction and ordered the immediate release of the appellants, provided they were not required in any other case.

The Gauhati High Court acquitted the appellants Sahid Ahmed and Saddam Hussain, overturning their conviction for gang rape and house trespass. The judgment highlights the importance of consistent testimonies, medical corroboration, and thorough investigation in cases involving serious criminal charges. The court’s decision reinforces the principle that any conviction must be based on evidence that leaves no room for doubt.

Date of Decision: September 5, 2024

Sahid Ahmed @ Soid Ahmed & Anr. v. The State of Assam

Latest Legal News