On appeal by the accused, Justice Dangre noted that the girl had known the accused for over 2 years and was in a relationship with him.
The judge also noted the several inconsistencies and omissions in the girl’s depositions which led to the evidence losing credibility.
“These omissions are proved through the investigating officer and on the omissions being proved, the case of the prosecution loses it’s credibility to a great extent and call for close scrutiny of the girl’s version,” the Court said.
It also relied on the deposition given by the girl’s friend who was allegedly present at the time of the incident. The friend in her deposition said that no such incident happened in her presence, and thus did not support the girl’s inconsistent version.
“The testimony of the prosecution witnesses, including the complainant herself, has clearly created a huge dent in the prosecution case. The occurrence of the incident itself is doubtful and the special judge has fallen in grave error in not accepting the fact that the two were in a relationship,” the Court held.
Hence, it set aside the conviction.
Source: Barandbench
