HC sets aside life imprisonment in rape case, ‘regrets' to note ‘grand failure' in investigation
The Bench of Justices P. Sam Koshy and N. Tukaramji directed the government to free Rishi Sharma, acquitting him of all the charges. The Rajendranagar police of Cyberabad arrested the Colonel, who was then serving as an administrative officer at a defence organisation in Shamirpet, based on a complaint from a woman in her early 20s that he sexually assaulted her.
According to the charge-sheet, the 'accused' was the victim's family friend who use to frequent their house. In January, 2017, the complainant's mother went on a trip, requesting Rishi Sharma to stay at their house and look after her daughter and younger son.
Police records stated that the accused sexually assaulted her at night and threatened to kill her younger brother if she disclosed the matter to anyone. Nearly three months later, she became pregnant and eventually lodged a complaint, leading to the arrest of the accused. Nearly seven years later, the special court found him guilty and sentenced him to life-imprisonment.
Challenging the judgment, the accused filed a criminal appeal petition in the HC.
Lack of documents
Pronouncing the verdict, the Bench said the prosecution failed to present documents confirming the victim's pregnancy and details of medical laboratory where pregnancy tests were held. The Bench sought to know why the doctor who confirmed the pregnancy was not called as a witness.
The survivours' family claimed that the pregnancy was aborted but no records confirming this were presented before the trial court. There were no records about the abortion performed as per the Medical Termination of Pregnancy Act, the Bench noted.
The Bench noted that Rishi Sharma had undergone vasectomy operation in 2005. He even presented the sterilisation certificate issued by the Government of India and the Vasectomy certificate issued by the Military hospital of Khadakwala in Pune. This proved the physical inability of the accused to cause the pregnancy, the bench said.
Observing that the Bench regretted to note the 'grand failure of the investigation in the case', Justice Tukaramji said that improper handling of the case prompted the Bench to think that the investigators invented a case in support of the police report 'may be with emotional bias or extraneous influence'.
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