Polio-affected man acquitted of rape to get Rs 5 lakh compensation as U’khand HC finds probe flawed
Dehradun: Uttarakhand high court on Wednesday acquitted a polio-affected man convicted of rape and directed the state govt to pay him Rs 5 lakh in compensation, citing flaws in the investigation. The court ruled that the man's physical condition made the charges questionable and found that the police failed to conduct a proper inquiry.
Rohit, an employee at a cybercafe in Khatima, had been sentenced to 20 years in prison by a district court in Udham Singh Nagar under IPC and Pocso Act provisions.His counsel argued that he had suffered from polio since the age of five, leaving his legs non-functional. "He accomplishes daily activities solely with his hands," the defence said, adding that police filed the case in 2018 without a proper investigation or medical examination.
According to the case details, the rape survivor's mother filed a complaint at Khatima police station on May 6, 2018, alleging that Rohit had called her daughter to the cybercafe on the pretext of helping with a school form. When the girl did not return home, her mother went to the cybercafe, where Rohit denied her presence. Police later found the girl, and charges were filed against Rohit and his employer Harvinder Pal.
Mar 13, 2025, 09:27 IST
In Nov 2023, the district court sentenced both Rohit and Pal to 20 years in prison under IPC sections 366, 342, 376(d), 506, and 120, along with section 5(g)6 of the Pocso Act. They were also fined and sent to Haldwani Jail. Rohit had remained incarcerated since then.
In his appeal at HC, Rohit said that his physical disability made it impossible for him to commit the alleged crime. The court, after reviewing medical records and the case details, found that the investigation was inadequate. It ruled in his favour, leading to his acquittal.
The Uttarakhand High Court has acquitted a polio-affected man, previously convicted of rape, and directed the state government to compensate him with ₹5 lakh, citing significant flaws in the investigation.
The individual, employed at a cybercafe in Khatima, had been serving a 20-year prison sentence following his conviction under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. His defense highlighted that he had been afflicted with polio since the age of five, rendering his legs non-functional, thereby questioning the plausibility of the charges against him.
The High Court noted that the man's physical condition made the allegations questionable and criticized the police for not conducting a proper inquiry. Consequently, the court ordered his acquittal and mandated the state government to provide the compensation as redress for the flawed investigation and subsequent wrongful conviction.
This case underscores the critical importance of thorough and unbiased investigations, especially when the accused's physical limitations could directly impact the feasibility of the alleged crime. It also highlights the judiciary's role in rectifying miscarriages of justice and ensuring accountability within the investigative process.