Supreme Court Overturns Conviction in Abduction Case Citing Lack of Evidence.

Supreme Court of India overturns the conviction and sentence of the accused/appellant under Section 366-A of the Indian Penal Code (IPC) in Akula Raghuram Vs The State of Andhra Pradesh. The decision of the Trial Court, confirmed by the High Court, was considered by the Revisional Court, leading to the current appeal before the Supreme Court. The key charge was that the appellant kidnapped the victim with the aim of marrying her.

Background The case originated from an incident reported on 03.05.2001, where the appellant allegedly forced the victim into a jeep and took her to different locations within the state, with the intention of marriage. The victim later escaped from the hands of the appellant and informed the police about the incident through her father, and the First Information Report (F.I.R.) was registered. The appellant's family and the victim's family had a previous friendly relationship.

The parents of the victim corroborated this relationship, stating that they had been present at the marriage of the appellant. The complaint was that the appellant, who was already married, abducted the victim, with the intention of marrying her.

Lack of Sexual Offence Evidence: The court referred to the lack of any evidence or allegations of sexual assault or advances by the appellant or anyone else towards the victim. Inconsistencies in Testimony: The court observed gross inconsistencies in the evidence provided by the victim and her parents regarding the cause leading to the alleged abduction.

Victim's Actions: The victim, a major, had been with the appellant for about two months before returning home and making the allegations. The court also kept in mind that the victim did not raise an alarm or attempt to escape while in the presence of the accused.

Doubtful Testimony & Identification:: The account provided by the witnesses was found to be improbable by the court. An eye-witness (PW 3) who testified about having seen the kidnapping was unable to identify the appellant, and such material evidence as the jeep's registration was not presented in court.

Hostile Witnesses: Two witnesses (PW 6 and PW 8) turned hostile, further weakening the case of prosecution. Consent of Victim: The court found elements of consent in the behavior of the victim, especially as she had accompanied the accused and had only opposed the marriage proposal because she wanted to pursue her studies.

Age of the Victim: The age of the victim was questioned by the court, since no birth certificate was produced and the medical evidence presented was not definitive regarding her being a minor at the time of the purported abduction.

The doctor's testimony and report about the victim's age was deemed unreliable because the radiologist was not examined and their report was not marked as evidence.

Given the totality of the circumstances and the lack of conclusive evidence, the Apex Court thus gave the Benefit of Doubt and on all charges, and thus, the Supreme Court found no reason to uphold the conviction, citing a lack of evidence and inconsistencies in the prosecution's case, allowed the appeal and acquitted the appellant.

Coram: Justice B. R Gavai and Justice K. Vinod Chandran
Case: Akula Raghuram Vs The State of Andhra Pradesh
Judgment Date: 11-02-2025