The Allahabad High Court acquitted three accused in the 2015 Mahoba gang rape case, citing the benefit of doubt.
Justice JJ Munir upheld Irfan alias Golu’s conviction, stating that medical injuries aren’t essential to prove sexual assault.
The court noted victims may not resist due to fear or intoxication, making physical injuries unnecessary for rape confirmation.
The case began after a 15-year-old girl lodged an FIR at Charkhari police station, Mahoba, on January 13, 2015. She alleged four men forced her to drink alcohol and repeatedly raped her overnight, causing severe psychological and physical trauma.
Initially, she named only two accused in her FIR, identifying the other two several months later during the investigation.
In March 2017, the Sessions Judge sentenced all four accused to 20 years’ rigorous imprisonment and fined them ₹20,000.
The defence argued that delayed identification weakened the case, claiming the possibility of false implication could not be excluded.
The High Court found the survivor’s testimony consistent, firm, and credible, dismissing claims of fabricated allegations against the accused. However, the court held that only Irfan alias Golu was conclusively identified, leading to the acquittal of the remaining three co-accused.
It relied on Supreme Court precedent in Raju alias Umakant v. State of Madhya Pradesh regarding the absence of physical injuries. The court reiterated that the lack of injuries does not disprove rape if the survivor’s testimony is reliable and trustworthy.
Thus, the High Court allowed the appeals of Ritesh, Manvendra, and Irfan (son of Shahzade), ordering their immediate release.
Meanwhile, Irfan alias Golu’s conviction remained upheld, based on strong evidence and the survivor’s unwavering identification in court.
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