HYDERABAD: Justice J Sreenivas Rao of the Telangana High Court has set aside the conviction of the petitioner, Mohammed Irfan Khan, in a 2008 rape case, granting him the benefit of doubt.
The appellant had challenged the judgment of the V Additional Metropolitan Sessions Judge (Mahila Court), Hyderabad, which on June 17, 2013, found him guilty under Sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code. He was sentenced to 10 years of rigorous imprisonment and fined Rs 1,000 for rape, and another Rs 1,000 for intimidation.
The case was based on a complaint lodged on April 3, 2009, at the Bahadurpura police station by the complainant, who alleged that on November 21, 2008, the accused entered her house and sexually assaulted her. She further alleged that the family of the accused refused marriage and intimidated her into silence. After investigation, a chargesheet was filed against Irfan Khan and another relative, leading to trial before the Mahila Court.
The sessions judge had convicted Irfan Khan while acquitting him of the charge under Section 417 IPC (cheating by false promise of marriage). In appeal, Irfan Khan’s counsel argued that the complainant had admitted being in a consensual relationship with him for four years, and that the allegations were made only to pressure him into marriage.
The complaint was lodged more than four months after the alleged incident, without explanation for the delay. Counsel further highlighted inconsistencies in the complainant’s testimony, particularly the claim that the accused forced a tablet into her mouth, which surfaced only during trial. Medical evidence also did not support the allegation of recent sexual intercourse.
The assistant public prosecutor, however, maintained that the complainant’s evidence was sufficient to sustain conviction.
After examining the evidence, Justice Sreenivas Rao held that the prosecution had failed to prove the charges beyond reasonable doubt. Consequently, the conviction and sentence imposed by the trial court were set aside, and Irfan Khan was acquitted.