Gujarat HC orders setting up of committee to review wrong rape convictions

Ahmedabad: The Gujarat High Court has directed the state government to set up a committee to identify cases, particularly those pertaining to rape, where individuals have been wrongly convicted due to inadequate assessment of evidence or doubts surrounding the proof presented.

The court's directive aims to address the grave issue of unjust and prolonged imprisonment resulting from flawed evaluations.

A division bench of Justices A.S. Supehia and M.R. Mengdey issued the order, stating that such pending cases before the High Court need to be identified so that the convictions can be overturned promptly, even if the convicts' sentences are suspended.

It also clarified that the directive does not imply an admission by the state of any improper convictions but rather seeks to prioritise the hearing of such appeals.

The court's ruling came in response to a criminal appeal filed by Govindbhai Parmar, who had been convicted of rape and robbery.

According to the prosecution's case, the victim was forcefully taken to an open field by four accused individuals on six separate occasions, while her husband was restrained on a cot. The accused individuals also stole a mobile phone and a battery during the incident.

Upon careful examination of the evidence, the High Court determined that the trial court had failed to properly evaluate the evidence on record. In fact, the High Court concluded that the prosecution had failed to establish the complicity of the appellants in the offence.

Furthermore, the court highlighted that the medical evidence did not indicate any injuries to the victim's private parts.

The High Court's order to establish a committee to review cases where convictions may have been improper demonstrates the court's commitment to ensuring justice is served.