Nainital, Feb 16 The Uttarakhand High Court has set aside the conviction of two men in a gang-rape case, citing a lack of conclusive medical and forensic evidence.
In a judgement delivered on February 12, a division bench comprising Justice Ravindra Maithani and Justice Ashish Naithani upheld the conviction of one of the accused only on the charge of kidnapping.
The duo had moved the high court challenging a 2019 trial court order related to an incident that occurred in Haldwani's Banbhoolpura area in 2018.
According to the prosecution, a woman with a mental disability had gone missing and was later found in a state of distress. Her medical examinations and forensic testing were conducted during the investigation.
After examining the evidence, including CCTV footage and DNA reports, the High Court observed that the medical opinion failed to prove rape conclusively. The court noted lapses in the forensic investigation, stating that the sexual assault charges could not be substantiated.
The bench found that the forensic material did not link either of the accused to the alleged sexual assault. However, based on CCTV footage and circumstantial evidence, the court held that a co-accused had taken the victim away from legal guardianship.
While setting aside the convictions for rape, the court upheld the kidnapping conviction for one individual. As the accused has already served over four years in prison, which is equivalent to the sentence for the kidnapping charge, the court ordered the release of both men.
Emphasising that criminal convictions must rest on legally proven evidence rather than suspicion, the high court said that while courts must remain sensitive in cases involving "vulnerable victims," the standard of proof beyond reasonable doubt remains essential.
Mool Chandra @ Moola v. State of Uttarakhand, (Uttarakhand)(DB) : Law Finder Doc Id # 2853567
