After looking into the post-mortem report, the Court also expressed doubt over whether the dead body examined by the doctor belonged to the victim in this case as the report did not make mention of any examination of the victim’s genitalia.
“We say so for the reasons that normally in a case of suspected rape/ rape, the first and foremost effort of the Doctor is to examine the genitals. No injury was found on the entire body of the deceased,” the High Court explained.
The Court also rejected the prosecution’s arguments on the guilt of the accused based on him being found locked inside a room at the time of arrest.
“Even if the appellant were found inside the room, it would be absolutely naive to give any hard and fast rule having any universal application, with regard to reaction of a person in a given circumstance,” the Court opined.
In view of the above, High Court set aside the conviction and declined to confirm the death penalty.
After the counsel representing the appellant said that he was in jail, the High Court also ordered his immediate release.
Source: Barandbench
