Here’s the kind of news India needs to read every morning.
…the Supreme Court on Friday told trial courts and high courts not to acquit offenders because of mere technical discrepancies in the evidence.
He said the legislature has expressed its intent to deal with crimes against women and sexual assaults sternly by providing for stringent punishment but it was for the courts to ultimately decide on such incidents, weigh evidence before fastening guilt on the accused. …
More about this case,
Though the Sessions Court had convicted and sentenced Munesh to death for the offence, the High Court acquitted him on the ground that there was delay in the registration of FIR and apparent contradiction in the statements of certain witnesses.
Disagreeing with the High Court’s reasoning, the bench said the incident occurred at 4.30 pm and the complaint was made by the victim’s father at 11.05 pm on the same day itself at the police station which was two kilometres away from the scene of offence. The delay was on account of the distance and the efforts of the family to cover the girl’s body and trace Munesh who also belonged to the same village.
“If we consider the entire incident as narrated by the father, it cannot be construed that there was any unreasonable and unexplained delay which goes to the root of the prosecution case,” the bench said.
The bench said the medical evidence proved that the victim was raped before her death and the prosecution story is fully corroborated with it but unfortunately, the High Court failed to give importance to this evidence.
Remember this case:
Men in power and their views of sex and rape. – Shree Venkatram