The has overturned the of a 34-year-old man, T.E. Raghu, who had been sentenced to for charges of rape and . In a decisive judgment delivered by Justice S. Rachaiah, the court set aside the order passed by the , ruling that the failed to provide reliable evidence to sustain the serious allegations. The court emphasized that the lack of regarding physical injuries, coupled with clear indicators of political animosity between the families, necessitated the of the .
The case dates back to , when a complaint was lodged with the , alleging that the accused had forcibly taken the victim to a toor dal plantation, removed her clothing, and committed sexual assault. The ’s case relied heavily on the of the survivor and her relatives. However, throughout the proceedings, the defense maintained that the charges were a fabrication stemming from long-standing political friction between the families of the victim and the accused. Specifically, evidence emerged during the that an advocate relative of the survivor had previously lost a local panchayat election to the father of the accused, providing a significant motive for the family to potentially implicate the .
Critical Gaps in
A central pillar of the appellate court’s decision was the glaring absence of physical trauma on the survivor, which directly contradicted her regarding the nature of the assault. The survivor had claimed that the accused subjected her to a violent, penetrative sexual assault lasting approximately thirty minutes on the rough, uneven surface of a toor dal field. If these details were accurate, medical experts would reasonably expect to find substantial external injuries, particularly on the survivor’s back and private areas.
During the
, the court highlighted that the medical report submitted by the examining physician, PW-7, failed to note any external injuries on the victim. Furthermore, the doctor confirmed that there were no signs of recent sexual intercourse, such as the presence of spermatozoa or seminal stains on the clothing worn by the survivor at the time of the alleged incident. Justice Rachaiah remarked,
"The presence of injuries on the back of the victim assumes greater significance, because, if such an incident had really occurred on a rough surface without clothes, she must have sustained injuries on her body. The absence of any injuries certainly creates doubt regarding the alleged incident."
This discrepancy between the survivor’s and the forensic findings proved fatal to the ’s case. The court noted that the judge had erroneously dismissed the necessity of external injuries, failing to acknowledge that, in a case involving an assault allegedly occurring on a rough surface, the lack of such injuries undermined the credibility of the entire incident.
Assessing Credibility and Political Motives
The investigation into the case also drew criticism for its reliance on and the involvement of individuals with clear conflicts of interest. The court scrutinized the of several witnesses, including the mother of the victim and an advocate who was deeply involved in the filing of the complaint. It was revealed that this advocate had direct political rivalry with the family of the accused. The court observed that, while the court had treated these witnesses as reliable, the appellate review suggested otherwise.
The court noted that the survivor, who had been married to another individual a year prior to the incident, had been taken to the hospital not immediately by her own initiative, but under the influence and instruction of this politically motivated advocate. This, combined with the fact that the witnesses who were supposed to have been present at the scene were unable to substantiate the event, led the court to conclude that the risk of a false accusation was unacceptably high. Justice Rachaiah concluded,
"The possibility of implicating the accused falsely cannot be ruled out."
Failure to Meet the
Throughout the , the examined 12 witnesses and presented 14 documents, yet the core of the case rested on subjective that failed to withstand the scrutiny of the appellate court. While the court had previously convicted the under , the High Court determined that the lower court had not properly balanced the evidence or given the accused the benefit of the .
The defense, meanwhile, produced witnesses who testified to the movements of the accused on the day of the incident, suggesting he was in a different location, specifically traveling to his father's land to deliver food. While these defense accounts were not the sole basis for the , they added to the overall lack of cohesion in the 's narrative. The court found that the 's failure to provide any biological or physical evidence of the act, when combined with the proven potential for political vendetta, made the original unsustainable under the law.
Following the thorough re-evaluation of the evidence presented during the original , the has ordered the immediate of T.E. Raghu. With the judgment of and the subsequent order of sentence dated , set aside, the court has directed that any executed by the are to be cancelled. The judgment stands as a reminder of the high threshold required for proving sexual assault in court, emphasizing that even in sensitive cases, the integrity of the ’s evidence and the absence of extraneous motives remain paramount in ensuring that justice is correctly and fairly dispensed.
medical evidence insufficiency - political rivalry acquittal