Allahabad High Court Acquits Man in Rape Case: Contradictory Testimony and No Proof of Non-Consent
Court Criticizes Trial Court for Ignoring Medical Evidence
Ruling Highlights Importance of Consistency in Victim Testimony
By Our Legal Correspondent
New Delhi: January 15, 2026:
In a significant ruling, the Allahabad High Court has overturned the conviction of a man accused of kidnapping and rape, citing contradictory testimony, lack of medical corroboration, and absence of proof of non-consent. The judgment, delivered by Justice Achal Sachdev, acquitted Bhagwat Kushwaha, who had been sentenced to ten years of rigorous imprisonment by a Special POCSO Judge in Jhansi in 2019.
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The case underscores the judiciary’s responsibility to ensure that convictions are based on reliable evidence and consistent testimony, not merely on suspicion or contradictory statements.
Case Background
- FIR Filed: On May 28, 2015, the victim’s father lodged an FIR alleging that his daughter had gone missing during the night and was kidnapped by Kushwaha.
- Recovery: The victim was found the next day at Mauranipur railway station and underwent medical examination.
- Trial Court Conviction: In September 2019, the Special Judge (POCSO), Jhansi, convicted Kushwaha under Sections 366 (kidnapping to compel marriage) and 376 (rape) of the IPC, sentencing him to ten years in prison.
- Appeal: Kushwaha challenged the conviction before the Allahabad High Court.
Court’s Observations
Justice Achal Sachdev highlighted several critical flaws in the prosecution’s case:
- Contradictory Testimony: The victim’s statements varied across different stages. She did not mention rape during her medical examination or in her Section 164 CrPC statement before the magistrate.
- No Proof of Non-Consent: The court noted that the victim was a major at the time of the incident and there was no evidence to prove that the relationship was non-consensual.
- Medical Evidence Ignored: The trial court had overlooked medical reports, including the vaginal smear test, which did not support allegations of forcible rape.
- Misreading of Records: The trial court relied solely on inconsistent testimony, ignoring exculpatory evidence.
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Legal Significance
This ruling reinforces key principles of criminal law:
- Burden of Proof: Convictions must be based on evidence beyond reasonable doubt.
- Consistency in Testimony: Courts must evaluate contradictions in victim statements carefully.
- Role of Medical Evidence: Medical reports play a crucial role in corroborating allegations of sexual assault.
- Protection Against Miscarriage of Justice: Courts must guard against wrongful convictions based on weak or contradictory evidence.
Wider Implications
- For Victims: The case highlights the importance of consistent testimony and early reporting of allegations.
- For Accused: Reinforces the principle that courts cannot convict without strong corroborative evidence.
- For Judiciary: Demonstrates the need for scrutiny of trial court findings to prevent miscarriages of justice.
- For Society: Raises awareness about the complexities of sexual assault cases, where both victim protection and accused rights must be balanced.
Conclusion
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The Allahabad High Court’s decision to acquit Bhagwat Kushwaha is a reminder that justice must rest on solid evidence, not contradictions or assumptions. By emphasizing the absence of proof of non-consent and the victim’s contradictory testimony, the court has reinforced the principle that criminal convictions require certainty beyond reasonable doubt.
This ruling will likely serve as a precedent in future cases, ensuring that trial courts give due weight to medical evidence and consistency in victim statements.
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