KOLKATA: The Calcutta High Court on Tuesday said that the testimony of a woman rape complainant cannot universally be considered a sterling evidence due to the instances of allegations with false, malicious or vengeful motives.The judgment granted an appeal against a persons 2007 conviction for rape and trespassing against his neighbour, as the prosecution failed to prove the case beyond reasonable doubt.Victim of rape being an injured witness is exclusively categorised as a sterling witness...In a conservative society, a woman will not deceitfully display or exhibit moral turpitude or depreciate or denigrate herself either in the family or in society.
However, such a situation cannot be considered universal, held Justice Ananya Bandyopadhyay.
Instances are there where allegations were made for malicious intent, false implication and revengetic consideration, the court said.The prosecution had stated that the woman was alone in her Purulia home in 2006, when her neighbour entered her room and raped her, putting a cloth in her mouth, preventing her from screaming.
In her complaint, she mentioned that she was alone, but in another statement and cross-examination, she said she was breastfeeding her child when the petitioner entered her room.
The court also observed several deviations in the versions of the prosecution witnesses.
It was also noted that the medical report...
did not specifically mention commission of rape...The report of forensic examination of the wearing apparels of the victim was not on record.
Also the court noted that it was uncanny that a child was thrown on the floor by the petitioner and the woman did not immediately raise an alarm.Finding that the prosecution cannot be said to have proved its case beyond reasonable doubt, the court set aside the petitioners 2007 conviction passed by a Purulia court.