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The Supreme Court acquitted a rape accused recently for the lack of evidence to prove him guilty and taking note of the evidence that the prosecutrix remained in the company of the accused 12 days after the incident. In these 12 days, the victim had moved freely according to the material evidence on record and during this time she had come across many people but never complained against the criminal act. The bench was headed by Justice Ranjan Gogoi, Justice Navin Sinha, Justice KM Joseph.
The allegation of the victim that she was abducted and raped stands in contradiction to her previous statements in writing which were recorded under section 161 of the Code of Criminal Procedure. According to the victim she was raped after being intoxicated and the accused threatened to kill her if she spiller the beans to anyone. The trial court had acquitted the accused but the Himachal High Court reversed the order and convicted him under sections 363, 366, 376 of the Indian Penal Code. The high Court had said that even if consent was established she was in an intoxicated state and not fit for consenting. The victim as per reports was lifted at about 9pm by Rajak Mohammad and Vinod Negi . The former gagged her mouth and held a knife and threatened to kill her. The alleged victim was taken to Kullu where she was kept in Rajak's sister’s house. They administered drugs . There is no evidence to suggest that the alleged victim has hostile animus against Rajak Mohammad.
The Supreme Court bench mainly relied on the free movement of the victim after rape and no complaint made to people. Though the high court went to the details of understanding whether she was a minor or major. The SC held that the correct age of the victim as per the radiology reports was difficult to establish and in contradiction to her statement. That is why the benefit of doubt must go to the accused.
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