Allahabad High Court. (Information photo/Getty)
The court said it was undeniable that the grandson of the deceased might have filed a suit to obtain compensation from the government in view of his scheduled caste status
The Allahabad High Court recently acquitted a man accused of raping and murdering a 100-year-old woman. The court said that in view of the scheduled caste status of the deceased, it was undeniable that the grandson of the deceased might have filed a suit to obtain compensation from the government.
The complaint in the case was filed by the victim's grandson, who claimed to be a member of the scheduled caste community. He reported that on October 29, 2017, he was in a room with his wife when his 100-year-old grandmother was lying on a cot on the balcony of the house. Around 11:30 p.m., they allegedly heard their grandmother crying. When they came out to check on her, they allegedly found the accused, who was very drunk, lying on top of the grandmother and trying to sexually assault her.
The grandson tried to arrest the defendant, but he fled the scene. Subsequently, the grandson and his wife rushed the grandma to the hospital.
The FIR was lodged on October 30, 2017 at 1.45 am under Sections 458 and 376 of the Indian Penal Code and Section 3(2)(5) of the Scheduled Castes/Scheduled Tribes Act. Although the victim underwent medical tests, she died around 3 a.m. that night. Therefore, after the investigation, charges were filed against the accused under Sections 458, 376, 302 and 506 of IPC and Section 3(2)(5) of SC/ST Act.
In November 2020, the court of first instance found the defendant guilty of rape and murder, and sentenced him to seven years in prison and life imprisonment respectively.
In an appeal against his conviction, the defendant's lawyers argued in the High Court that the defendant had been wrongly implicated. He alleged that the informant had borrowed Rs 1 lakh from the accused but he was unwilling to repay it. He claimed that in order to avoid returning the money and seek financial assistance from the government, the informant made up a story about his grandmother's rape.
The lawyer further claimed that by filing this false case, the whistleblower gained a double advantage. He informed the court that since the victim belonged to the Scheduled Caste community, he not only avoided repayment of the loan but also received monetary compensation from the government.
A division bench of Justices Ashwani Kumar Mishra and Gautam Chowdhary observed that the trial court had observed in its judgment that there was no interposition but only an attempt to Proceedings, therefore, it is irrelevant whether the defendant had semen or not. The trial court also noted that since the elderly woman died of shock as a result of the attempted rape, the defendant could also be responsible for her murder.
The High Court stressed that none of the defendant's clothes were found at the crime scene, particularly given the lack of independent witnesses who claimed he fled naked. Additionally, it noted that no injuries were found on the victim's genitals. Therefore, the Supreme Court held that the allegation of rape was not proven.
Apart from this, the High Court noted that during the medical examination, the cause of death of the deceased was recorded as septic shock and there was no evidence on record to suggest that the deceased was killed.
“In this case, the theory is supported that the sex crime and murder charges may have been brought simply to obtain funds from the government,” the judge held.
Further, the court held that no caste-based offense was committed in the case and therefore the charges under the Caste/Scheduled Tribes Act were also baseless.
The Division Bench therefore acquitted the accused of all charges and ordered his release.
