HC acquits alleged rape accused, cites fake documents

Guwahati: An alleged rape accused, convicted by a lower court in 2023, has been acquitted by the Gauhati high court. The court stated that the evidence was insufficient to warrant a conviction, as the entire foundation of the case was based on false and fake documents.
The HC further noted that medical evidence showed the doctor did not find any sign of forcible intercourse with the victim. It could not be ascertained whether rape was committed or not.
The court of justice Mitali Thakuria passed the judgment on the criminal petition filed by Debo Prasad Barman, alias Deba Prasad Barman, challenging the lower court's judgment.
According to the allegation, on the evening of June 9, 2019, Barman took the victim to his house under the pretext of marrying her and committed sexual intercourse with her. The next morning, the accused, along with other family members, allegedly assaulted the victim and drove her out of the house in Bongaigaon. The accused was subsequently convicted by the lower court in 2023.
The court stated that the foundational facts of the prosecution could not be established. Instead, it was seen that the foundation of the entire case was based on a fake document.
"At the same time, from the evidence of the doctor, it also reveals that there is no sign of forcible intercourse, and even if any sexual intercourse occurred between the parties, it seems to be consensual," the court stated.
The court found that the prosecution failed to prove the case against the appellant (Barman) beyond all reasonable doubt. It was found that there was no cogent and reliable evidence, nor was there any circumstantial evidence to prove the case against the accused beyond all reasonable doubt.
Therefore, the court set aside the lower court's judgment and acquitted the appellant of all charges. "Bond, if any, shall stand discharged. The appellant shall be released from jail forthwith if not required in connection with any other case," the court stated.