01 April 2024 Acquittal >> Criminal Law   |   Evidence >> Criminal Law   |   Kidnapping >> Criminal Law   |   Rape >> Criminal Law  

The Delhi High Court overturned the conviction of four men accused of kidnapping and gangraping a minor. The court, in a judgement delivered this month, found the evidence presented by the prosecution to be insufficient to convict the accused, identified as Pawan Sharma and Others.

The lower court had found the accused guilty under Sections 328 (causing hurt by means of poison etc.), 366 (kidnapping, abducting or inducing woman to compel her marriage, etc.), 342 (wrongful confinement) and 376D (gangrape) of the Indian Penal Code (IPC). They were sentenced to rigorous imprisonment for life with a fine.

The High Court, however, noted discrepancies in the prosecution's case. The alleged victim ("G"), claimed to be a minor by the prosecution, did not provide any statement against the accused during investigation or trial. Additionally, the medical examination report did not show any injuries consistent with a struggle or forced sexual assault. While DNA evidence indicated the presence of semen from one of the accused on the victim's clothing, the court pointed out that this could not be solely interpreted as evidence of rape.

The judgement highlights the importance of a strong prosecution case in securing convictions, especially in heinous crimes like gangrape. The lack of a clear statement from the victim and the absence of supporting medical evidence led the court to acquit the accused, raising questions about the investigation's thoroughness.

Indian Penal Code, 1860