On Monday (1st April) The Delhi High Court acquitted four individuals accused in a gang rape case due to insufficient evidence, notably highlighting inconsistencies in the victim’s statement under Section 164 of the Criminal Procedure Code (CrPC).
New Delhi: On Monday (April 1): The Delhi High Court set aside the life imprisonment sentence imposed by the trial court on four men accused of gang rape, citing a shoddy investigation by the Delhi Police and inconsistencies in the prosecutrix’s statements during the trial.
READ ALSO: Calcutta High Court Revises Sentences in Kamduni Gang-Rape Case
A division bench comprising Justices Suresh Kumar Kait and Manoj Jain criticized both the police and the trial court for failing to consider crucial aspects of the case.
The bench observed that
The trial court failed to consider the significance of the statement made by the woman on July 29, 2018. Shortly after making that statement, when she appeared before the magistrate, she explicitly stated in her Section 164 CrPC statement that she had left home of her own accord, a claim she repeated during her testimony. Given these circumstances, the Bench noted there was essentially no evidence to suggest that she had been kidnapped, held against her will, or subjected to gang rape.
Senior Advocate Harshvir Pratap Sharma, along with advocates Stuti Jain, Akshu Jain, Akul Krishnan, and Amit Kumar, represented the four appellants. The state was represented by Additional Public Prosecutor Manjeet Arya.
READ ALSO: Spanish Tourist Gang Rape: 3 Convicted, Manhunt Underway for 4 More Suspects
The court also noted the shortcomings in the police investigation. The call made by the prosecutrix to the police from her mobile phone was not properly documented, and the Call Detail Records (CDR) were not presented as evidence. The CDR could have provided vital information about her location, strengthening the prosecution’s case. The court criticized the failure to collect this crucial evidence, describing it as a missed opportunity.
“As already noted, as per ‘G’, her mobile was seized by the police. It seems that no effort was made to obtain the Call Details Record and to place the same on record. Holding back such valuable piece of evidence has to be taken as a circumstance against the prosecution. We will not mince any word in commenting that the Call Details Record of ‘G’ would have also reflected her location which could have even strengthened the case of prosecution but it is not explicable as to why such a valuable piece of evidence was not bothered to be collected. Thus, a golden opportunity went begging,” the Court said.
The court further emphasized that the presence of semen on the victim’s leggings and a DNA match with the accused did not automatically prove sexual assault. The possibility of a consensual physical relationship should have been considered.
The appeal was filed by the four convicted men, who were charged under various sections of the Indian Penal Code (IPC), including gang rape, causing harm by administering poison, kidnapping, and acts done in furtherance of common intention.
According to the first information report (FIR), the woman claimed to have been abducted and taken to Ballabhgarh, where she regained consciousness and found herself in a room with the four accused, whom she recognized as individuals from her village. However, her Section 164 CrPC statement did not mention any kidnapping or sexual assault. She stated that she had left home voluntarily and visited her native village due to stress, and the FIR was filed because she was late in returning.
The Court noted
Neither ‘G’ nor her parents made any incriminating statements. Moreover, the investigation was found lacking as crucial evidence such as the PCR form and ‘G’s mobile CDR were not presented in court. Considering ‘G’s status as a legal adult at the time of the incident, the DNA report, which was not even discussed with the accused during the trial, holds no significance. Consequently, the Court allowed the appeal and acquitted all the accused individuals of the charges.
READ ALSO: SC Questions Remission for Life Sentence in Minor Girls’ Gang-Rape Section 376DB IPC
After considering the evidence, the court concluded that there was insufficient material to prove the prosecution’s case and acquitted the accused. The court emphasized the lack of incriminating statements by the prosecutrix and her parents, as well as the inadequate investigation that failed to present crucial evidence such as the PCR form and CDR.
Case Title: Pawan Sharma & Ors v State Govt of NCT of Delhi
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
