The man, who was in jail for 20 years on charges of rape, is now acquitted and released by the High Court
A case has come out from Lalitpur in Uttar Pradesh (Uttar Pradesh) that also puts the country's judicial system in the dock. A person who was in jail for the last 20 years on charges of rape, has been acquitted by the Allahabad High Court. The court was surprised that the accused has been in jail for the last 20 years whereas by law it should have been released after 14 years. The court reprimanded the prison and asked why the law on release in 14 years was not followed.
A division bench of Justice Dr. KJ Thakar and Justice Gautam Chaudhary gave the jail appeal of a person from Lalitpur. Explain that when Vishnu was 16 years old, in the year 2000, a woman belonging to a Scheduled Caste accused him of rape. The sessions court had sentenced Vishnu to 10 years in prison and life imprisonment under the SCST Act. Now the Allahabad court has found that there is no evidence of rape in the case. The victim was pregnant when she was claimed to have been raped and no evidence was found on her body to confirm the rape. This FIR was also written by husband and father-in-law three days after the incident. The victim has also accepted this in her statement.
Court expressed displeasure
The court said that the sessions court gave the wrong verdict without considering the evidence. Apart from this, the court said that under sections 432 and 433 of the Code of Criminal Procedure, the state and central government have been given the power to consider the release of the accused after serving a sentence of 10 to 14 years. The Governor has the right to release Article 161 after serving 14 years of imprisonment. The accused has spent 20 years in jail and it is beyond comprehension why the government did not release him.
While hearing the case, Allahabad High Court has termed the release of prisoners of life imprisonment as unfortunate even after completing 14 years sentence. The court said that it is very unfortunate that the prisoner has been in jail for 20 years without any serious crime and the state government is not following the law made for release. The Court has asked the Law Secretary to issue instructions to all the District Magistrates to send the recommendations of the release of the detainees who have been sentenced to ten to 14 years in the jails of their districts.