Victim’s Silence Before Doctor & Magistrate Weakens Prosecution Case: Allahabad High Court

The Allahabad High Court set aside the conviction for kidnapping and rape, holding that the prosecution failed to prove its case beyond reasonable doubt.

The Court held that the victim’s silence regarding forcible sexual assault in her medical examination and in her statement under Section 164 CrPC before the Magistrate casts a serious shadow of doubt on the prosecution's story.

It observed that resiling from a sworn statement before a Magistrate undermines the credibility of the witness.

The Court further noted that medical and forensic evidence did not support allegations of abduction or rape, making the conviction unsustainable.

[Bhagwat Kushwaha v. State of U.P]