The Supreme Court of India has acquitted two men accused in a 26-year-old rape case, citing a lack of evidence on record to connect them with the alleged offence. The accused, identified as Avtar Singh, Sohan Lal, and Gian Singh, were charged with raping the prosecutrix.
Earlier, a trial court in Punjab acquitted Gian Singh while convicting the other two accused under Sections 342 and 376(2)(g) of the Indian Penal Code. The judgment of the trial court was upheld by the Punjab and Haryana High Court.
A Supreme Court bench, led by Justices Hima Kohli and Rajesh Bindal, noted that the story presented by the prosecution, claiming that the victim was raped by Gian Singh on July 23, 1996, was disbelieved by the trial court. The court considered that Gian Singh was acquitted based on the prosecutrix's statement, wherein she mentioned the existence of party factions in the village and that both parties belonged to different sections. Consequently, the bench reasoned that the same rationale should apply to the other accused as well, given that the prosecutrix's allegations against all the accused were similar concerning the allegation of the party faction.
The Apex Court further scrutinized the details of the case, particularly focusing on the claim that the victim was detained in a room located in an under-construction haveli (mansion) belonging to Gian Singh. The prosecutrix had asserted that she was confined without food or water for three days and repeatedly raped against her will. However, the medical examination revealed that she was well-built and well-nourished, contradicting her statements.
Additionally, the court highlighted that the surrounding circumstances undermined the veracity of the prosecutrix's version. The room where the alleged incident took place was situated in a haveli undergoing construction, with labourers working throughout the day. Despite this, no alarm was raised by the prosecutrix during her alleged three-day detention and rape. The court also considered the lack of external or internal injuries on her body, including her private parts. The medical examination indicated that she was used to sexual intercourse.
The bench clarified that discrediting the prosecutrix's version was not based solely on her active sexual life but on the discrepancies in her statements and the surrounding circumstances. Ultimately, the Supreme Court acquitted the accused, highlighting the lack of evidence and the inconsistencies in the prosecution's case.
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