NHRC asks Uttar Pradesh govt for report on rehab of man discovered ‘not responsible’ in rape case 20 years after conviction

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The person was discovered responsible within the 1999 case by a decrease court docket in Lalitpur District of the state, however exonerated of all expenses by the Allahabad HC in January 2021

File picture of Allahabad Excessive Court docket.

New Delhi: The NHRC has issued notices to the Uttar Pradesh authorities and the state police chief, in search of a report on the ‘acquittal’ of a person in a rape case 20 years after his conviction, officers stated on Friday.

In a press release, the rights panel has additionally stated it has taken suo motu cognisance of the media report on the case, and noticed that the content material thereof, if true, quantity to violation of human rights of the sufferer.

“The Nationwide Human Rights Fee on the reported acquittal of a person in a rape case, 20 years after his conviction, has noticed that it appears to be a case of non-application of Part 433 CrPC by which the Sentence Assessment Board, underneath the regulation must rethink evaluation of the sentence awarded by the court docket, with a view to commute the sentence,” it stated within the assertion.

It stated that in lots of such circumstances there may be prisoners older than 75 years of age dying within the jails, which clearly depicts “ineffectiveness of the Sentence Assessment Board”.

Accordingly, it has issued notices to the chief secretary and the director normal of police, Uttar Pradesh calling for an in depth report within the matter, it stated.

“The report should embody the motion taken towards the general public servants accountable on this case and steps taken for the aid and rehabilitation of the sufferer to compensate as much as some extent for the trauma, psychological agony and social stigma he has suffered throughout these years. The response is predicted inside six weeks,” the assertion stated.

In line with the media report carried on 2 March, a person, then 23-year-old, was sentenced to life imprisonment by a trial court docket in a rape case. He has been declared harmless by the Allahabad Excessive Court docket after 20 years. Throughout this era, each member of his household had died. His conduct within the jail was at all times discovered good, however his utility for furlough was not allowed to attend the cremation of his father. He was not even allowed to attend his brother’s funeral, it stated.

The sufferer was reportedly accused of rape, prison intimidation and sexual exploitation of a girl belonging to Scheduled Caste in 1999, and through the trial of the case by a decrease court docket in Lalitpur District, he was “discovered responsible”. Within the 12 months 2003, he was moved to Agra Central Jail the place his conduct was at all times good, the assertion stated.

Within the 12 months 2005, he determined to problem the decision of the decrease court docket and approached the excessive court docket. After finishing a interval of 14 years, he moved a mercy plea and the jail authorities stepped in.

The State Authorized Companies Authorities helped him in preferring an attraction within the excessive court docket and on 28 January, 2021, a division bench of the Allahabad Excessive Court docket declared him “not responsible”, it added.

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