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No evidence: UttaraKhand High Court acquits man convicted of raping two and-a-half year-old

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New Delhi (ILNS): The Uttarakhand High Court has ordered the acquittal of a person convicted for sexually assaulting and attempting to rape a two and-a-half-year-old girl, because of absence of credible evidence. The court observed that in criminal cases conviction cannot be based upon morality and there must be admissible and credible evidence to base the conviction. 
A bench of Justice Narayan Singh Dhanik quashed the conviction while hearing a jail appeal against the trial court’s judgment that had convicted the appellant for the offences under Section 376/511 Penal Code, 1860 and Section 6 of the POCSO Act and had sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs 25,000 for the offence under Section 6 of the POCSO Act.
The court observed that there was no credible evidence to connect the accused-appellant with the alleged crime, and the doctor’s opinion was not enough to do that, considering the material available on record. 
The court noted that it is well-settled canon of criminal jurisprudence that ‘fouler the crime higher the proof’ and the mandate of law is that the prosecution has to prove the charges beyond all reasonable doubt. A few bits here and a few bits thereon which prosecution relies cannot be held to be adequate or connecting the accused with the crime in question.


In the present case, an FIR was filed against the appellant accusing the appellant of having attempted to commit rape on complaint’s daughter who was two and-a-half years old and also of sexually assaulting her. According to the complainant, he found the appellant indulged in committing the alleged offence while he went looking for his daughter and took him to the police station. The trial Court had found the appellant guilty and convicted him. 
An appeal was then filed on behalf of the appellant by the amicus curiae, Raman Kumar Sah, challenging the trial court’s order and alleging that the prosecution had failed to prove the case against the appellant. The amicus curiae had also submitted that the victim had not identified or named the appellant and even the mother of the victim did not support the prosecution story and was declared hostile. 
The court, while allowing the appeal set aside the judgment and order of the trial court. 

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The high court observed that according to the medical examination report of the victim the urethral meatus & vestibule, labia major and labia minor of the victim were found normal and no tear or swelling in the private parts was found and hymen perineum of the victim was also found intact. The doctor had stated that a little redness was present in the outer surface of the hymen of the victim and the presence of dried blood stains was also detected on her private parts and these conditions led to an opinion that an attempt of sexual intercourse with the victim was made.
The court, however, observed that the opinion of the doctor alone was not enough to connect the accused-appellant with the alleged crime in view of the material on record. 


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