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Allahabad High Court: In cases of crimes against women, socially sensitized judge better armour than long penal provisions

Team SoOLEGAL 11 Apr 2022 11:44am

Allahabad High Court: In cases of crimes against women, socially sensitized judge better armour than long penal provisions

Allahabad High Court: In cases of crimes against women, socially sensitized judge better armor than long penal provisions

 

NEW DELHI: In overturning a rape accused's acquittal, the Allahabad High Court recently stated that in cases of crime against women, a socially sensitive judge is better armour than long penal provisions.

An order was issued in an appeal against the accused's acquittal by the Sessions Judge in Farrukhabad, Justices Suneet Kumar and Vikram D Chauhan noted the same.

The Court also stated that sexual crimes against women should be tried and decided with the utmost sensitivity.

According to the prosecution's case, the accused kidnapped the complainant's 9-year-old daughter in a field, decided to drop her on the ground, held her mouth, and raped her.

The accused were acquitted by the trial court because the prosecution failed to prove the charge beyond a reasonable doubt. It had also determined that the victim had been tutored, and thus her testimony was untrustworthy. Furthermore, it was discovered that the time of the alleged incident did not match the medical expert's opinion.

The High Court noted that the trial court, defence counsel, and prosecution severely seared the victim during the victim's cross-examination, which spanned 9 typed pages. Despite this, the Court noted that she did not budge from the prosecution's version.

Her statement contained no major inconsistencies, according to the Bench. As a result, it was determined that her testimony was true, credible, and trustworthy.

Furthermore, the Court stated that corroboration from medical evidence differed from case to case because it was dependent on the facts of each case.

“It is settled legal position that the evidence of rape victim stands at par with the evidence of an injured witness. Injury of the rape victim being physical, as well as, psychological in the form of traumatized assault and ravishment of her chastity and womanhood.”

As a result, the Court determined that the charge against the accused had been proven beyond a reasonable doubt. The accused was convicted to ten years in prison and a fine of Rs. 25,000 for his criminal acts.

 



Tagged: Allahabad High Court   Rape   Child abuse  
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