Supreme Court acquits man convicted for rape of 5-year-old, citing no victim identification

The Supreme Court acquitted the appellant, finding that the victim did not identify him in court and that the identification evidence was unreliable.

Who it concerns: Appellant: Dhanraj; Respondent: State of Rajasthan; Bench: Justice Mehta

What the court decided

• The Court acquitted the accused-appellant.
• The Court set aside the conviction and sentence imposed by the Special Judge and affirmed by the Rajasthan High Court.
• The Court found that the victim did not identify the accused during her sworn testimony in the trial court.
• The Court noted that the Test Identification Parade (TIP) was not credible due to prior disclosure of the accused's name by the police.
• The Court held that the absence of DNA evidence and the failure to produce a sketch of the assailant created grave doubt regarding the appellant's involvement.

Also in the document

• The accused-appellant had been incarcerated since his arrest on 5th February, 2017.
• The Court noted that the police had disclosed the name of the accused to the victim and her mother before the identification exercise.
• The Court observed that the prosecution failed to produce a sketch of the assailant prepared in Jaipur, which was withheld from the trial court.