Bombay High Court quashes rape conviction over non-examination of victim and investigating officer

The Bombay High Court quashed the conviction of Deepak Babasaheb Gaikwad under Sections 376(2)(f) and 377 IPC, holding that non-examination of the sexual assault victim and the police officer who recorded her statement amounted to denial of a fair trial.

A Division Bench of Justices Suman Shyam and Shyam C. Chandak noted that the prosecution’s omission fatally undermined its case and violated Article 21.

Highlighting a four-day gap between the victim being last seen with the accused and her recovery, the Court held her testimony was crucial.

The rape conviction was set aside, but the Section 363 IPC conviction was upheld. 

[Deepak Babasaheb Gaikwad v State of Maharashtra & Anr]