JOIN USThe Supreme Court has acquitted two persons of gang raping a housewife in Delhi 11 years ago noting that the alleged victim was hiding some facts so her statement cannot be taken as gospel truth.
The bench of justices set aside the concurrent findings of a sessions court and the Delhi High Court of the gang rape charge for which Rai Sandeep and Hari Singh were earlier sentenced to 10 years of Rigorous punishment. The court said the ‘sterling witness’ should be of a very high quality and calibre whose version should, therefore, be unassailable. “We find that the solitary version of the chief examination of PW-4, the prosecutrix cannot be taken for its face value and in the absence of any other supporting evidence, there is no scope to sustain the conviction and sentence imposed on the appellants,” the court said while writing the judgement.
According to the prosecution at around 1.30 am on August 15, 2001, the duo barged into her sister’s house where she was staying and gang raped her, besides taking away her gold chain.On the basis of the victim’s testimony and medical evidence, the sessions court convicted and awarded 10 years rigorous imprisonment to both the accused which was affirmed by the High Court upon which they appealed in the apex court.