'Prosecutrix Testimony Not Reliable': Allahabad High Court Acquit Rape Accused After 20 Yrs In Jail, Appeal Remained Defective For 16 Years

The Allahabad High Court recently came to the rescue of a man, after he suffered 20 years of incarceration in connection with a false rape case filed against him by a woman owing to an alleged land dispute. However, in the instant case, it observed that the testimony of the prosecutrix cannot be said to be that of a sterling witness and does not inspires the Court's confidence. 680 of 2020, that if the testimony of a prosecutrix is trustworthy and reliable then a conviction may be based on sole testimony of the victim, the Bench observed, "In our case when we rely on the said decision, it is borne out that the testimony of the prosecutrix cannot be said to be that of a sterling witness and the medical evidence on evaluation belies the fact that any case is made out against the accused." While it was conscious that it is not necessary that there must be corroboration in the prosecution version and medical evidence however, the Bench opined, "The medical evidence should show some semblance of forcible intercourse, even if we go as per the version of the prosecutrix that the accused had gagged her mouth for ten minutes and had thrashed her on ground, there would have been some injuries to the fully grown lady on the basis of the body." Caste based allegations not made out Lastly the Bench opined that the prosecution could not prove that the alleged incident occurred because the prosecutrix belonged to a particular class.