Acquittal Of Rape Accused After 20 Yrs In Jail: NHRC Calls For Report From UP Govt. On Rehabilitation & Action Taken Against Erring Officials

The National Human Rights Commission, NHRC, India has taken suo-motu cognizance of the acquittal of a man in a rape case, twenty years after his conviction and has has observed that it seems to be a case of non-application of the Section 433 Cr PC. Significantly, this case is about a 23-year-old man (now 43), who was sentenced to life imprisonment by a trial court in a rape case and who has now been declared innocent by the Allahabad High Court after twenty years. It is important to note that the Allahabad High Court, in January 2021, came to his rescue, after he suffered 20 years of incarceration in connection with a false rape case filed against him by a woman owing to an alleged land dispute. During this period, every member of his family had died. His conduct in the jail was always found good, but his application for furlough was not allowed to attend the cremation of his father. He was not even allowed to attend his brother's funeral. Section 433 of CrPC It may be noted that as per Section 433 CrPC, the Government can commute a sentence (of death, Life Imprisonment, rigorous imprisonment or simple imprisonment). Under this provision, the Sentence Review Board, under the law needs to reconsider review of the sentence awarded by the court, with a view to commuting the sentence. In this backdrop, the NHRC has stated, "In many such cases there may be prisoners older than 75 years of age dying in the jails, which clearly depicts ineffectiveness of the Sentence Review Board. The Commission media report has observed that the contents thereof, if true, amount to violation of human rights of the victim." Accordingly, the NHRC has issued notices to the Chief Secretary and Director General of Police, Uttar Pradesh calling for a detailed report in the matter. Further, it has been directed that the report must include:- The action taken against the public servants responsible in this case,Steps taken for the relief and rehabilitation of the victim to compensate up to some extent for the trauma, mental agony and social stigma he has suffered during these years. The response is expected within 6 weeks. About the case in brief The man was accused of rape, criminal intimidation and sexual exploitation of a woman belonging to Scheduled Caste in 1999, and during the trial of the case by a lower court in Lalitpur District, he was found guilty. In the year 2003, he was moved to Agra Central Jail where his conduct was always good. In the year 2005, he decided to challenge the verdict of the lower court and approached the High Court. After completing a period of fourteen years, the victim moved Mercy Plea and the prison authorities stepped in. The State Legal Services Authorities helped him in preferring an appeal in the High Court and on 28.01.2021, a Division Bench of the Allahabad High Court declared him, not guilty. The High Court in its Judgment, observed that the FIR in the matter was lodged three days late and there were no injuries on the private parts of the woman, who was said to have been thrashed. There was motive on the part of the complainant as there was a land dispute between the parties, and the FIR was also lodged by the husband and father-in-law of the alleged victim and not by her. The High Court also stated in its order that in view of the facts and the evidence on record, it is apparent that the accused had been convicted wrongly hence, the trial court's judgment and the impugned order is reversed and the accused is acquitted. Click Here To Download NHRC StatementRead Statement

Acquittal Of Rape Accused After 20 Yrs In Jail: NHRC Calls For Report From UP Govt. On Rehabilitation & Action Taken Against Erring Officials

Sparsh Upadhyay

In many such cases, there may be prisoners older than 75 years of age dying in the jails, which clearly depicts the ineffectiveness of the Sentence Review Board. The Commission media report has observed that the contents thereof, if true, amount to violation of human rights of the victim: NHRC

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