Rape victim a blatant liar, HC must have been more cautious, says SC
The Supreme court totally doubted a rape case and hence the conviction and jail term imposed on the accused by the court was set aside by the Supreme Court.
Ganga Prasad Mahato was the accused in the case. A lady had alleged that in 1997 he entered her house during night, threatened her with a pistol and raped her.
The Samastipur sessions court sentenced him to 7 years imprisonment which was upheld by the Patna High Court too. There upon he appealed to the Supreme Court.
The Supreme court examined the prosecution case and was shocked to see that the victim, who is the complainant, had not been medically examined by a doctor. It is mandatory that the doctor should examine the victim to ascertain whether rape was committed or not. It was not only a glaring and serious omission but the trial court or the sessions court had not availed any doctor to examine the victim.
The Supreme Court also found that similar types of complaints were filed by her against many others which were found to be false. It was also not disputed that there was enemity between the accused and the husband of the lady and that was the reason for the complaint. The lady was in the bit of making false allegations against many persons. Above all there was no evidence to convict the accused.
The Supreme Court was serious to note the lapses on the part of the sessions court and the Patna High Court. There was absolutely no justification on the part of the HC to uphold the conviction in the total absence of evidence. The SC hence reversed the finding and let the accused go free.
The prosecution had not adduced even an iota of evidence against the accused. The SC reversed the 7 years of jail term imposed by the courts.