HC admits unfair trial for rape accused, orders reopening after 14 y

Jaipur, Feb 1 (UNI) The Rajasthan High Court has ordered a lower court to reopen a rape case involving a deranged woman, after 14 years, saying the accused was not given a fair trial.

The High Court said the accused was sentenced without providing him a chance to defend himself and added enough evidence had not been collected in the case.

Justice Shiv Kumar Sharma issued the orders yesterday after hearing the appeal of Ladoo Gopal.

As per the case records, a complaint regarding rape of a deranged woman was filed in the Jawahar Nagar police station in 1994. After investigation, police filed a chargesheet against accused Ladoo Gopal, Poonam Chauhan and Ashadevi.

The victim recorded her statement before a magistrate under Section 164 of the Indian Penal Code.

The lower court found Ladoo Gopal 'guilty' and 'sentenced him to ten years imprisonment', while releasing the other two accused women.

Ladoo Gopal appealed in the High Court against the lower court's decision saying the victim was not present during the inquiry process in the court.

The High Court admitted the appeal saying it seems the trial judge did not even meet the victim as a witness, which may have hampered the fair trial and influenced the decision.

The High Court asked the lower court to reopen the case and begin the hearing.

UNI