Allahabad High Court Upholds Conviction of One in Gang-Rape Case, Acquits Three Others Due to Identification Doubts
Irfan @ Golu's conviction affirmed; lack of Test Identification Parade leads to acquittal of three co-accused in gang-rape case.
In a significant judgment, the Allahabad High Court has upheld the conviction of one accused, Irfan @ Golu, in a gang-rape case while acquitting three others due to uncertainties in their identification. The case, which dates back to January 2015, involved the gang-rape of a 20-year-old woman in Mahoba district.
The court, presided by Justice J.J. Munir, delivered its verdict on September 19, 2025. The judgment stemmed from a criminal appeal challenging the conviction and 20-year sentence imposed by the Sessions Court on four accused: Irfan son of Shahzade, Irfan @ Golu son of Habeeb, Ritesh @ Shanu, and Manvendra @ Kallu. The four were convicted under Section 376-D of the Indian Penal Code for gang-rape.
The incident occurred when the victim, referred to as the prosecutrix, was abducted and raped by four men after being forced to consume alcohol. The prosecutrix initially reported an assault, and a non-cognizable report was filed. However, after regaining full consciousness, she disclosed the gang-rape, leading to the filing of an FIR.
The High Court meticulously examined the evidence, noting the prosecutrix's testimony as consistent and reliable. However, the court found that the identification of the accused, except for Irfan @ Golu, was questionable due to the absence of a Test Identification Parade (TIP). The prosecutrix had identified the other accused for the first time in the dock, raising doubts about their identity as perpetrators.
In its analysis, the court emphasized the prosecutrix's credibility, observing that her testimony did not require corroboration unless inherently flawed. The absence of injuries on her private parts was not seen as negating the charge of gang-rape, given the circumstances of her semi-conscious state during the crime.
The judgment underscored that a single individual could be convicted for gang-rape if the involvement of multiple offenders was established, even if others were acquitted due to identification issues. Consequently, while Irfan @ Golu's conviction was affirmed, the court acquitted Irfan son of Shahzade, Ritesh @ Shanu, and Manvendra @ Kallu, granting them the benefit of doubt.
The decision highlights the complexities of legal proceedings in gang-rape cases, particularly concerning the identification of offenders and the evidentiary standards required for conviction.
Bottom Line:
Testimony of prosecutrix in rape cases can be accepted without corroboration unless there are inherent flaws or contradictions; absence of injuries to private parts does not necessarily negate the charge of rape or gang-rape.
Statutory provision(s): Indian Penal Code, 1860 - Section 376-D, Code of Criminal Procedure, 1973 - Sections 161, 164, 313, Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483
Irfan v. State of U.P., (Allahabad) : Law Finder Doc id # 2787260
