Allow Cookies!
By using our website, you agree to the use of cookies
In the case of Vishnu V. state of UP, the High Court quashed the conviction of a man who had spent 20 years in jail on the charges of rape and criminal intimidation. The court also expressed its concern to the government not recommending his name or case for commutation or remission of the punishment under section 432 of the Code of Criminal Procedure. The applicated is in jail since September 2000, and currently, he challenged the order of the trial court which had passed the order in the year 2003.
The division bench consisting of Justice Kaushal Jayendra Thaker and Justice Gautam Chowdhary expressed their concern over the prevailing problems of litigation. The bench held that the matter remained defective for a period of 16 years. The court noted that the UP government had not sent the matter for revaluation to the district Judge even though the man had completed 14 years of imprisonment. They held that the said action the up Government is in violation of the mandates under section 432-433 of CrPC. The conviction of the petitioner was set aside for the following reasons:
• There was no sperm sample of the petitioner of the victim’s body.
• The fact that FIR was lodged 3 days later was set aside.
• The testimony of the victim was not reliable
• The examination in chief and cross-examination were contradicting each other, and there was no proper evidence to prove the offense beyond reasonable doubts.
• The judge did not disclose the grounds on which the accused is convicted in the judgment.
In the light of the above grounds, the court held that the petitioner was wrongly convicted in the present case and stayed the judgment and order which convicted the petitioner. The petitioner was represented by State Legal Services Authority.
86540
103860
630
114
59824