Kolkata: The Calcutta High Court has set aside the life imprisonment of a man convicted of raping a five-year old girl in East Midnapore district in 2012.
A division bench, comprising justices Sahidullah Munshi and Md Nizamuddin, ordered the release of Gurupada Das who was convicted May 19, 2014 by the additional district and sessions judge, East Midnapore.
Passing the order Friday, the division bench held that there was a possibility of the accused not having committed sexual assault upon the victim as it was stated before the doctor that the girl suffered the injury due to fall from a running bicycle.
The doctor in the note sheet also said that a prime witness stated that the injury was caused to her due to a fall from the bicycle despite asking whether was there any sexual assault or not, according to the division bench.
The incident was alleged to have taken place n May 26, 2012 and a complaint with the police was filed May 31. The accused was arrested a week after the complaint was lodged.
This gives rise to a suspicion in the evidence adduced by the prosecution and it does not show that prosecution has been able to prove the case against the accused beyond any reasonable doubt, the bench held, setting aside Das’ conviction and sentence.
It was alleged in the complaint by the relatives of the girl that while playing outside her house after coming back from school, Das called her and took her on his bicycle to a nearby bush near his house and then allured her in the name of buying biscuits and new garments. Then he committed the alleged crime.