The Delhi High Court has overturned a trial court verdict sentencing four men to life imprisonment for allegedly abducting and gang-raping a woman in 2018, citing insufficient evidence and lapses in investigation.
A bench of Justices Suresh Kumar Kait and Manoj Jain allowed the appeal filed by the four men, noting that the woman, her parents, and other witnesses did not make any incriminating statements during the trial.
The court pointed out that while the woman initially told police on July 29, 2018 that the accused abducted and sexually assaulted her, she later stated before a magistrate—and reiterated in court—that she had left home voluntarily. She further testified that her earlier complaint had been made under parental pressure.
The prosecution had claimed the woman was kidnapped and gang-raped, but the High Court found that her later testimony, where she admitted knowing the accused as fellow villagers and refrained from accusing them, contradicted the charges.
The bench also criticised the police for failing to collect call detail records (CDR) of the woman’s phone, which could have clarified crucial facts. This omission, the court said, weakened the prosecution’s case.
Regarding the DNA evidence, the court observed that even though semen traces on the victim’s leggings matched the accused, the woman’s silence on sexual assault and her being a consenting adult at the time meant this could not conclusively prove the allegations. The DNA report was also not presented to the accused under Section 313 CrPC, reducing its evidentiary value.
Calling the investigation “not up to the mark,” the High Court ruled that the prosecution failed to prove its case beyond reasonable doubt. The court acquitted all four men of the charges of abduction, wrongful confinement, and gang rape.
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