Now Reading: Allahabad HC acquits doctor in daughter rape case, cites mother’s concocted story
-
01
Allahabad HC acquits doctor in daughter rape case, cites mother’s concocted story
Allahabad HC acquits doctor in daughter rape case, cites mother’s concocted story
The Allahabad High Court has acquitted a doctor and his brother who were convicted and sentenced to life imprisonment for raping the doctor's six-year-old daughter in 2018. A bench of Justice Siddhartha Varma and Justice Jai Krishan Upadhyay ruled on August 13 that the child was tutored by her mother, who concocted the story to frame her estranged husband in a serious offence.
The court noted that the child had a cheerful 10-day stay with her father in Haldwani in March 2018, with her mother's consent, and spoke to her mother daily. It pointed to an email from the mother that mentioned only 'bad touches' but later escalated to claims of penetrative assault in the FIR filed two months later. The bench found contradictions in the child's testimony and concluded she was influenced by her mother's marital strife.
The court directed the doctor's immediate release from jail, his brother was already out on bail. It stressed that the brother was implicated with no evidence. The trial court's February 2023 conviction order has been set aside.
Indian Opinion Analysis
This case hinges on how courts weigh child testimony in POCSO cases, especially when parents are estranged. The High Court found the mother's delay in filing the FIR, two months after the alleged incident, and her escalating allegations from 'bad touch' to penetrative assault undermined the prosecution. Indian courts typically apply a protective presumption in child sexual abuse trials, but this verdict shows that inconsistency and parental coaching can override it. The next step is whether the state appeals to the Supreme Court, which would examine if the High Court's factual findings are perverse.
Source: barandbench.com
This story was synthesised by AI from the source linked above. Methodology and corrections.
