HC sets aside life imprisonment in rape case, ‘regrets' to note ‘grand failure' in investigation
The Telangana High Court set aside the life imprisonment sentence awarded by a special court here to Colonel Rishi Sharma in a case of rape and criminal intimidation, observing that the prosecution failed to prove the charges beyond reasonable doubt. There were inconsistencies in the testimonies of key witnesses, and even documentary evidence was overlooked.
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'.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
an hour ago
- Time of India
Married woman can't accuse man of rape on promise of marriage: SC
NEW DELHI: SC has ruled that a married woman cannot accuse a man of rape on promise of marriage while her own marriage is still subsisting, and quashed a rape case filed by her against a man. The case involved a Muslim woman, mother of a four-year-old, residing at her parents' home in Maharashtra's Satara. She developed a relationship with her 23-year-old neighbour, a BSc student. In her police complaint alleging rape on the promise of marriage, she claimed that the man maintained a physical relationship with her from June 8, 2022, to July 8, 2023, assuring her repeatedly that he would marry her after her divorce. She obtained a 'khulanama' (divorce) from husband only on Dec 29, 2022. After FIRs were lodged, the man approached HC for quashing the case, but failed. He moved SC, where a bench of Justices B V Nagarathna and Satish C Sharma found inconsistencies in the woman's narrative and conduct. "The complainant alleged the appellant had physical relations with her without consent. However, she not only sustained the relationship for a year but also visited him at lodges on two occasions. Her conduct does not corroborate her allegations," court said. The bench highlighted that the woman was still married during part of the relationship. Writing the judgment, Justice Sharma noted, "Khulanama was executed on Dec 29, 2022. It is inconceivable she entered a physical relationship with the appellant on promise of marriage while still married. Such a promise was illegal & unenforceable." The court observed that the complaint seemed to have been filed after the man graduated, returned to his hometown Ahmednagar, and a visit by the woman led to a confrontation with his family. Quashing the police cases, SC said, "No reasonable possibility exists that a married woman with a four-year-old child would be continuously deceived or maintain a prolonged association with someone who sexually assaulted her. A consensual relationship turning sour cannot invoke state's criminal machinery."
India Gazette
2 hours ago
- India Gazette
"Hate speech of any kind is unacceptable, if anyone engages in it...": TMC's Kunal Ghosh on Sharmishta Panoli case
Kolkata (West Bengal) [India], June 3 (ANI): After the Calcutta High Court rejected the interim bail plea of Social media influencer Sharmishta Panoli, TMC leader Kunal Ghosh on Tuesday asserted that if anyone engages in hate speech of any kind, appropriate legal action must be taken against the individual. Speaking to the media, Ghosh cleared his party's stand. 'This is entirely a legal matter. Our position is very clear -- whether it's on social media or in society at large, hate speech of any kind is unacceptable. If anyone engages in it, appropriate legal action must be taken,' he said. Earlier today, the Calcutta High Court rejected the interim bail plea of social media influencer Sharmistha Panoli. Her lawyer, Md Samimuddin, said that the HC has directed the police to produce the case diary so that the 'bail hearing can be held on June 5.' Speaking to ANI, Samimuddin mentioned that the HC also instructed authorities to ensure proper amenities are provided to her in the correctional home and barred the filing of any fresh FIRs against her. 'The High Court has directed the state to produce the case diary so that the bail hearing can be held on the 5th. It also instructed the state to ensure that basic amenities, which are currently lacking in the correctional home, are provided to her. Furthermore, the court stated that no fresh FIR should be filed for the same cause of action, and we are hopeful of getting bail on the 5th,' he said. A 22-year-old law student from Pune, Sharmistha Panoli, was arrested by Kolkata Police in Gurugram on Friday for allegedly hurting religious sentiments with a video on Operation Sindoor. The Instagram clip was reportedly derogatory towards a particular religion. However, Panoli had deleted the video and issued an apology on May 15. On Saturday, Panoli was produced before the Alipore Court in Kolkata, which remanded her in judicial custody for 14 days. (ANI)
Time of India
2 hours ago
- Time of India
Woman seeks bail for live-in partner she charged with abuse of minor daughter
Kolkata: In a bizarre turn of events, a Salt Lake-based entrepreneur, who lodged a complaint against her live-in partner for allegedly abusing her minor daughter leading to his arrest under Pocso charges, pleaded for his bail in Calcutta High Court on Tuesday because her "child misses her father (the live-in partner)". The woman told the HC that while her partner "is dying in prison", she was "dying outside". The court granted bail to the accused, who is at Dum Dum Central Jail since Aug 8, 2024, stating that "there is no immediate chance of conclusion of trial". Moving the bail plea before Justice Prasenjit Biswas, senior advocate Phiroze Edulji argued that Pocso charges were being "weaponised" in this case. Edulji said the woman met the accused in prison, and the minor daughter, who was allegedly abused, refused to corroborate the claims before the trial court. The state had to declare the child a "hostile witness", he said. The state counsel opposed the bail plea, citing several "incriminating documents" about the involvement of the accused in the crime. The state argued that it would be risky to grant bail when the trial was ongoing, and that the accused could tamper with evidence. Edulji said: "The woman said she lodged the complaint in a fit of rage. Her daughter, she said, misses her partner." "Failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the Constitution," Justice Biswas said. The court noted that the victim girl (PW1), who already deposed before the trial court, was examined on Jan 8, 2025. It also noted that the victim girl was declared "hostile" by the prosecution, and nothing came out after her cross-examination. It was also noted that the de facto complainant didn't turn up in trial court on several dates despite receiving summons, the latest being on May 7. Justice Biswas directed the accused to furnish a bail bond of Rs 20,000 and directed him to appear before the Pocso special court, Barasat, on each hearing date. The court also asked him to stay outside the jurisdiction of Bidhannagar Police Commissionerate until further orders.
