Lucknow: The Lucknow bench of the High Court has acquitted a man sentenced to five years imprisonment after being accused of abducting and raping a woman in the Uttar Pradesh capital in the year 1997, sources said. The single bench of Justice Karunesh Singh Pawar has observed that the 'the testimony of the victim in the case is not credible and she herself had agreed to have a relationship with the accused, the appellant.'
The accused was convicted by the sessions court and sentenced to five years in prison. The court said that 'the testimony of the victim in the case is not credible and she herself had agreed to have a relationship with the accused, the appellant.' However the Lucknow bench of the High Court however turned acquitted the convict on the grounds of the testimony of the woman not being credible.
The case dates back to 1997 when the woman's father had lodged a complaint at Gosaiganj police station of Lucknow. The woman's father accused the man of abducting his daughter and forcibly having physical relations with her. In the case, the Sessions Court declared the appellant guilty and sentenced him to five years imprisonment and a fine of Rs 5,000.
The court said in its decision that 'the age of the victim was more than 16 years and in the year 1997, the age limit for consensual relationship was only 16 years. The Lucknow bench of the High Court however quoted the statements of two witnesses, who said that the victim had gone with the accused of her own free will.
The court said that it is “clear from the evidence that the victim had gone with the accused on her own will and the medical report also does not support the prosecution's case”. The court said that the prosecution failed to prove its charge beyond reasonable doubt. The court also found that there were many contradictions in the statements of the victim.
The Court observed that due to non-appearance of the advocate on behalf of the appellant to argue his appeal, non-bailable warrant was issued against him and he was sent to jail. The court has ordered the concerned jail superintendent to immediately release the appellant.
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