The Delhi High Court has acquitted three men who were serving 20 years’ rigorous imprisonment for gang-rape. The court cited inconsistencies in the prosecutrix’s testimony and the prosecution’s failure to prove the charges beyond a reasonable doubt. The men had been convicted under Section 376D (gang-rape) of the Indian Penal Code in 2017.
Justice Chandrasekharan Sudha, in a single-judge Bench, allowed the appeals filed by Anwar, Sandeep, and Anish Kumar against their previous conviction. The court emphasized that if two views are possible in criminal jurisprudence, the one favoring the accused should be adopted. The evidence did not rule out the possibility of consensual intercourse, leading to the acquittal.
The incident, as per the prosecution, took place on May 31, 2013, when the victim was allegedly forced into a car and sexually assaulted by the three men in a warehouse. The trial court in 2017 had sentenced them to 20 years of rigorous imprisonment and imposed a fine of Rs 25,000 each. The accused were, however, acquitted of another charge under Section 366 IPC.
The Delhi High Court, after examining various statements of the prosecutrix, noted significant inconsistencies in her versions at different stages. These inconsistencies were deemed substantial and touched upon the credibility of the witness and the crucial issue of consent. The court also considered the forensic and medical evidence, highlighting the limitations of expert opinions in establishing guilt conclusively.
