E-Paper
Rapist gets 7-year RI
A PERSON, who was acquitted by the trial court of the charges of raping a minor girl, was awarded seven-year rigorous imprisonment (RI) by the Allahabad High Court.
A PERSON, who was acquitted by the trial court of the charges of raping a minor girl, was awarded seven-year rigorous imprisonment (RI) by the Allahabad High Court.
While allowing the Government Appeal (No 214 of 2001) and setting aside the acquittal order, the Division Bench, comprising Justice MC Jain and Justice Vinod Prasad, observed that the trial court completely misdirected itself and committed miscarriage of justice in holding that the victim was a major capable of giving consent.
“Suffice it to say that the reasons given by the trial court are not only illogical and perverse but the trial court also completely failed to analyse the case in its correct perspective and its reasons are based on pure conjectures and surmises.” The court further observed, “It is for the prosecution to prove its case to the hilt and bring home the guilt of the accused and this burden never shifts. The accused has got the right even to keep silence and any weakness of the defence cannot be utilised by the prosecution to the detriment of the accused.”
Taking into account, the version of the eyewitnesses, medical evidence, X-Ray, pathological report and other supportive evidence, the court was of the firm view that at the relevant time, the victim was a minor and the accused committed rape. The Court accordingly passed the order sentencing the accused to seven years’ rigorous imprisonment.
The incident is of village Mansoorganj under Shahi police station in district Bareilly. On December 17, 1994, Roopwati (15) was on her way to mow grass.
As soon as she reached near the sugarcane field of the accused, Amar Singh, the latter dragged her in his field and committed rape. When the victim tried to protest, he threatened to chop off her neck and gagged her.
The accused, Amar Singh, was tried under Section 376 (offence of rape), but was acquitted by the XII Additional Sessions Judge, Bareilly, on October 12, 2000, on the ground that the prosecution had failed to bring home the guilt of the accused beyond reasonable doubt.
The State Government filed an appeal before the Allahabad High Court challenging the order of acquittal. After hearing the state counsel and defence counsel, the High Court reversed the acquittal order and awarded seven years’ rigorous imprisonment to Amar Singh.
Appointed
A HIGH Court lawyer Vijendra Singh has been appointed Chief Standing Counsel-II at Allahabad High Court by the State Government. Earlier, Singh had been working as Additional Chief Standing Counsel at High Court.
Invited
Additional Advocate General at Allahabad High Court SMA Kazmi has been invited by the Asia Foundation, Bangladesh office and Bangladesh National Women Lawyers’ Association to participate in a conference on ‘Social Justice and Gender Equity’ in Dhaka, on February 8 and 9.
The programme is funded by the Asia Foundation.
