LUCKNOW: The Allahabad High Court has acquitted a rape convict languishing in jail for more than 19 years noting that prison officials were under an obligation to consider his case for remission.
In an order, which was uploaded on Monday, the two-judge bench, comprising Justice Dr Kaushal Jayendra Thaker and Justice Ajai Tyagi, expressed dismay over the fact that the State of Uttar Pradesh did not follow the directives of the Supreme Court in context with remission. The order was given on November 3.
The accused was convicted in a rape case under IPC Section 376 and Section 3(2)(v) of the SC/ST Act by the Special Judge (SC/ST Act) in 2003 and was sentenced to life imprisonment. The bench said jail authorities should have considered the case for the remission of the convict who had completed 14 years in jail. The bench observed that there were directions of the apex court as well as the Allahabad High Court in that connection.
“Even if there is no direction of the Courts, under Section 433 of Code of Criminal Procedure (CrPC), the authorities concerned are under an obligation to consider the case of the accused for remission,” it said.
Failure to consider the case of accused persons seems to be the natural administrative conduct of officers and the jail authority, said the judges in the order.
The HC berated the registry for failing to list the appeal for 14 years (2008 to 2022)and proceeded to acquit the accused noting that the medical evidence did not support the case. The HC said the trial court had not taken into consideration the ingredients necessary to constitute offence of rape under IPC.