Thursday, 21 July 2022 | PNS | Nainital
The Uttarakhand high court has quashed the order of special judge, POCSO/additional sessions judge of Udham Singh Nagar and acquitted a man in jail of the charge of rape. In its order the high court stated that the lower court had sentenced the man to 12 years imprisonment and Rs 50,000 fine without examining the witnesses and evidence.
According to the case details, on August 31, 2013, Suraj Pal who used to work in a hotel in Rudrapur had allegedly eloped with a girl. On September 18, the father of the girl lodged a case accusing him of eloping with his daughter and raping her. Suraj Pal was arrested by the police on October 29 and the girl was found with him. The girl was sent to the Nari Niketan. The court of special judge, POCSO, Udham Singh Nagar on August 10, 2015 had sentenced Pal to 12 years imprisonment and Rs 50,000 fine for rape and eloping with a minor. His family members did not arrive to fight his case due to which he wrote a letter to the high court registrar general seeking justice. Pal had stated in his letter that the girl he had eloped with was actually and adult aged 23 years while he himself was aged 25 years. The investigation officer did not present any documentary evidence in the court regarding the age of the female. Pal further said that her statement was not recorded under section 164 of CrPC. He also mentioned that witnesses were not examined. Taking cognisance of the matter, the high court appointed advocate DN Sharma as Nyay Mitra to fight Pal’s case. Sharma collected facts from Pal who was in jail and presented the same in the court. The main contentions were that the female was an adult, both were in love with each other and that they had married each other as per Arya Samaj rites. Based on these points, the high court division bench of justice Ravindra Maithani and Alok Verma cleared Pal of all charges including that of rape.
