HYDERABAD: In a dramatic turn, the Telangana High Court has acquitted Colonel Rishi Sharma, overturning his conviction in a 2017 rape case that had drawn wide attention.
The bench of Justice P Sam Koshy and Justice N Tukaramji delivered a sharply worded judgment, pointing to critical flaws in the prosecution’s case, including contradictory witness accounts and a complete lack of medical substantiation.
Colonel Sharma had been sentenced to life imprisonment by a special fast-track court, accused of raping the daughter of a close friend, then a minor under his guardianship, while her mother was reportedly away on official travel in January 2017. The case came to light months later, when the girl’s pregnancy was allegedly discovered.
The court, however, was unconvinced. “The prosecution has failed to establish guilt beyond reasonable doubt,” the bench declared.
The judges underscored glaring inconsistencies in the victim’s narrative, particularly around the timeline of her mother’s travel, details which the judges pointed out were central to the accusation but never properly corroborated.
More damaging to the prosecution was the absence of proof regarding the alleged pregnancy and abortion. The bench noted that no reliable medical records had been produced. In a move that turned the case on its head, the defence presented a sterilisation certificate showing that Colonel Sharma had undergone a vasectomy as early as 2005.
This detail, the judges observed, raised “serious and unanswered questions about paternity”.
The court’s criticism extended beyond the courtroom. It delivered a stinging indictment of the police investigation, describing it as a “grand failure” marred by procedural lapses, shoddy evidence collection, and an absence of expert testimony. “Investigations must not proceed with tunnel vision,” the judges remarked, adding that such lapses risk both punishing the innocent and allowing the guilty to go free.
HC: DNA report inconclusive
The Additional Public Prosecutor had argued that the victim’s testimony, alongside circumstantial indicators, such as the presence of a BMW car wand a contested medical report, were enough to sustain the conviction. The court disagreed.
It noted that the DNA report was inconclusive, and that no viable forensic or medical proof had been presented to confirm either a pregnancy or an abortion.
Colonel Sharma, who has been in custody since his conviction, will now walk free.
HC’s recommendations
Institutional reforms
Formation of specialised, well-trained investigative teams
Introduction of performance-based assessments to ensure accountability
An independent oversight body to review handling of sensitive cases
Ensure transparency and procedural integrity