Delhi High court rolled back the life imprisonment of a convict accused for raping and killing a 60 year old woman. According to the reports, the convicted of felony used to call the victim his mother.
In a judgment on October 31st 2014, Justice Prdeep Nandrajog and Justice Mukta Gupta changed order of a trial court. According to this judgment Achey Lal was given life time imprisonment for raping a woman followed by her death.
“Achey Lal, even if held guilty for causing the offence of rape, cannot be held guilty of murder as he neither had any intention nor knowledge that such a forceful act of sexual intercourse would cause the death of the woman. Consequently, he is acquitted for the offence punishable under Section 302 IPC,” the court said.
The court accepted an appeal from Achey Lal against his act and acquitted him of the charge of rape and said “As regards the offence punishable under Section 376 (rape) of the IPC, the woman was aged over 60 years, thus beyond the age of menopause.”
The bench further added “Hence, we are of the opinion that it has not been proved beyond reasonable doubt that the appellant committed sexual intercourse with the deceased contrary to her wishes or her consent. Consequently, he is also acquitted of the rape charge.”
According to the postmortem report, it was found that the woman who had been raped was drunk before she was forced to sexual intercourse. “We find force in the contention of the counsel for the appellant (Achey) that even if the sexual intercourse was forceful, it was not forcible and contrary to the wishes and consent of the deceased,” says report.
According to sources it was found that the woman was working as a house helper in many homes and was found dead in her residence on December 2010 with a bottle of empty whisky near her.Tags: 2010, Convict, Delhi High Court, India, new delhi, rape