Supreme Court Acquits Rape Accused Citing Inconsistencies in Victim Testimony and Lack of Evidence

The Supreme Court of India recently delivered a significant judgment in the case of Keshav & Anr. vs. State of Maharashtra, acquitting two men accused of rape due to inconsistencies in the victims’ testimony and lack of corroborative evidence. The case highlights the delicate balance courts must maintain between protecting victims of sexual violence and ensuring due process for the accused.

The case involved two women (PWs 2 and 3) who alleged they were raped by the appellants after being abducted in a tempo. The victims claimed they left their matrimonial home following a quarrel with their mother-in-law and were promised a ride to Kurla, but were instead taken to a deserted field and raped. The trial court and High Court had convicted the accused primarily based on the victims’ testimony.

The Supreme Court bench comprising Justices Sudhanshu Dhulia and K. Vinod Chandran carefully examined the evidence and found several inconsistencies:

1. “The two-year old boy was with the victims at the time when the crime was alleged to have been committed, but there is nothing stated about his whereabouts when the two accused were simultaneously but separately forcefully having sexual intercourse with the victims.”

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2. The Court noted contradictions in the victims’ accounts of their 15-day stay in Parbhani after the alleged incident, with no corroborative evidence from the places they claimed to have stayed.

3. The medical examination conducted 15 days after the alleged incident showed no evidence of forceful sexual intercourse, with the doctor testifying that such injuries would typically be detectable within that timeframe.

The judgment referenced important precedents: “State of Punjab v. Gurmit Singh held that even without any corroboration, if the evidence of the prosecutrix inspires confidence, it can be relied on… However, if it is difficult to place implicit reliance on the testimony of the prosecutrix, then the Court has to look for evidence to lend assurance to her testimony.”

The Court also cautioned: “While rape causes the greatest distress and humiliation, a false allegation of rape also can cause equal distress, humiliation and damage to the accused as well. The Court should be equally careful in protecting the accused from a false implication.”

Read also: https://judgmentlibrary.com/false-promise-of-marriage-or-live-in-choice-apex-court-quashes-rape-fir-based-on-two-year-relationship/

Ultimately, the Court concluded: “Looking at the totality of the circumstances… we find difficulty in accepting their testimony to be one having sterling quality… The story put up by the prosecution as spoken of by PWs 2 and 3 are full of holes and it raises a grave suspicion in our minds which qualifies as reasonable doubt.”

This judgment underscores the importance of thorough investigation and consistent testimony in sexual assault cases, while reaffirming the principle that conviction requires proof beyond reasonable doubt.

Petitioner Name: Keshav S/o Laxman Rupnar & Anr..
Respondent Name: State of Maharashtra.
Judgment By: Justice Sudhanshu Dhulia, Justice K. Vinod Chandran.
Place Of Incident: Maharashtra.
Judgment Date: 30-04-2025.
Result: allowed.

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