Oral evidence is always kept above medical evidence as the latter can only be considered as opinionative in nature. Observing this, Dr Yashika, Judge, fast track special court, rape and POCSO cases, Chandigarh, has acquitted a bank officer arrested in a rape case. The police had arrested the officer on July 28, 2022, on the complaint of a woman working with the accused in the same bank.
The woman in the complaint filed before the police had said that she was working in a private bank in Chandigarh as an officer. On the day of the alleged incident the accused took her to his house for rest as she was not feeling well. Since she had already visited the house of accused two-three times earlier also, so she agreed to it. When she reached the house of the accused, the latter gave her some water and offered a soft drink. She said that after having it he started forcing himself upon her and raped her. When she tried to run away from there, he even twisted her hand.
After completion of the investigation the chargesheet against the accused was presented in the court and he was charged under Sections 323 and 376(1) of the IPC.
The public prosecutor argued that the CFSL report also supported their case. Since the statement of the complainant was corroborated with medical evidence, so the accused was liable to be convicted for the offence.
However Rabindra Pandit, counsel of the accused, argued that the accused had falsely implicated him in the case. He claimed that the complainant was having physical relations with the accused for quite some time. She concocted a story of rape as some persons noticed her with the accused in the room. So in order to save her image, she had filed the complaint. Hence, there was no evidence against the accused and prosecution had failed to prove the charges framed against him, so he was liable to be acquitted.
After hearing the arguments, the court acquitted the accused. It said that there were a lot of changes in the version of the complainant, which created doubt about her testimony. The court said that the CFSL reports confirm the allegation, but the apex court in a case has held that the medical evidence was only corroborative in nature and not conclusive. In view of this, the accused stands acquitted of charges framed against him, the court said.
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