In the case of Pasru @ Ismail v. The State, the Allahabad High Court acquitted the appellant who had been convicted of rape in 1986. Justice Mohd. Faiz Alam Khan presided over the bench and noted inconsistencies in the victim’s testimony suggesting she may have been a willing participant. With unreliable testimony and little significance in forensic evidence, the Court found the conviction erroneous emphasizing the need for reliable evidence in such cases. Consequently, the appellant was acquitted of charges under section 376 IPC highlighting the importance of ensuring fairness and accuracy in legal proceedings.
CASE DETAILS:
Pasru @ Ismail v. The State
Criminal Appeal No. – 158 of 1986
Allahabad High Court
Coram: Justice Mohd. Faiz Alam Khan
BACKGROUND:
- The alleged victim/prosecutrix filed an FIR on 22.01.1984 stating that the appellant and co-accused forcibly abducted her along with another associate and all four individuals raped her until 10 p.m.
- She claimed they threatened her and tied a cloth over her mouth.
- Two of the accused were known to her while the other two were unknown.
- After her release, she went to the police station with her husband to file the FIR.
- During the investigation, semen stains were found on the appellant’s underwear but he claimed it was forced on him by police personnel.
- No injuries were found on the alleged victim during her medical examination and no sperm was detected in vaginal smear samples.
- The trial court convicted the appellant based on the evidence while the other two accused were acquitted.
- The appellant and co-accused appealed the conviction but the co-accused passed away during the appeal process.
- In the High Court, the appellant’s counsel argued that the alleged victim’s husband was not an eyewitness and the other prosecution witnesses had turned hostile weakening the case against the appellant.
OBSERVATIONS:
Considering the case’s details and the trial court’s ruling, the Court observed that the prosecution’s argument relied heavily on the victim/prosecutrix’s testimony as all alleged eyewitnesses had turned hostile. The Court highlighted several inconsistencies in her statements during the trial and cross-examination. Reviewing her testimony, it seemed possible that she had accompanied the accused willingly, the Court remarked.
Based on this assessment, the Court emphasized that given the appearance of the victim/prosecutrix as a willing participant, the forensic lab’s report on seminal stains found on the appellant and the victim/prosecutrix’s inner garments held little significance. Consequently, deeming the testimony unreliable, the Court allowed the appeal and acquitted the accused of the charges under section 376 IPC.
JUDGEMENT:
The Allahabad High Court acquitted a man who had been convicted by the trial court in 1986 for raping an alleged minor girl in January 1984 sentencing him to 10 years of rigorous imprisonment. Justice Mohd. Faiz Alam Khan presiding over the bench noted that the trial court had erred in accepting the unreliable testimony of the alleged victim/prosecutrix which led to a clear case of patent illegality.
