Victim Not A 'Sterling Witness', Her Family Was Present In House: Why Allahabad High Court Upheld Acquittal In 2014 Rape Case

The Allahabad High Court last week dismissed a state appeal challenging the acquittal of a man accused of rape as it observed that it was highly improbable for the crime to have been committed while the victim's children and other family members were present inside the house. The High Court also noted a material discrepancy in the statement of the victim with regard to the commission of rape and found her not to be a "sterling witness" on this point. A bench of Justice Abdul Moin and Justice Pramod Kumar Srivastava thus upheld the July 2019 judgment of a trial court in Gonda wherein the accused was acquitted of charges under Sections 376 (rape) and 452 of the IPC. The trial court had, however, convicted Babloo and a co-accused, Maksoodan, under Section 323 of the IPC for voluntarily causing hurt.Case in brief According to the prosecution's case, the incident occurred on April 12, 2014, at around 7:00 p.m. The victim alleged that Accused-Babloo entered her house, caught her hand, pulled her into the 'kothri' where she was undressed and molested. The FIR further alleged that upon hue and cry, the victim's husband and father-in-law rushed to save her, then the co-accused (Maksoodan) started to beat them, and the main accused also inflicted blows on them. The trial court acquitted the accused of Rape Charges as it noted that it was not possible for the accused to drag the victim and commit rape on her while her family members were present in the house. The trial Court also took into account the deposition of the doctor, who did not find any external or internal injury on the person of the victim, and no abrasion or marks of injury on the back of the victim. The trial Court had also observed that there are major inconsistencies and discrepancies in the testimony of the witnesses, which is not corroborated by any cogent and reliable evidence. In its appeal before the HC, the State's counsel argued that the trial court should have read the evidence of the victim in totality, wherein she had categorically stated that accused Babloo committed rape on her, and both the accused persons assaulted them after entering the room.It was pointed out that the victim had supported the prosecution's version in her statement recorded under Section 164 of the CrPC and in her testimony before the trial Court. High Court's Observations The bench, however, aligned with the trial court's reasoning, highlighting several glaring loopholes in the prosecution's narrative. The bench noted that the victim is a married woman with five children and since the alleged incident took place in the evening when her children and other family members were present in the house, it was “not possible in any manner to pull and drag the victim and thereafter commission of rape”. The Court also observed that the victim's own statement did not indicate that she raised any alarm to attract the attention of the family members and other neighbours during the alleged dragging. Furthermore, the High Court took into account the deposition of the doctor, who did not find any external or internal injuries on the victim's private parts, nor were there any abrasions or injury marks on her back.In view of this, the bench concluded that the Trial Court had taken a possible view of the matter on a proper appreciation of the entire evidence on record, which cannot be substituted by the High Court taking a different view. Concluding that the trial court's evaluation of the evidence was sound and not perverse, the High Court dismissed the State's plea.Case Title: State of U.P. vs Babloo @ Ashok Singh and Anr. 2026 LiveLaw (AB) 399Case Citation : 2026 LiveLaw (AB) 399Click Here To Read/Download Judgment

Victim Not A 'Sterling Witness', Her Family Was Present In House: Why Allahabad High Court Upheld Acquittal In 2014 Rape Case

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Victim Not A 'Sterling Witness', Her Family Was Present In House: Why Allahabad High Court Upheld Acquittal In 2014 Rape Case

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