The Supreme Court on 28.09.2018, in HEMUDAN NANBHA GADHVI v STATE OF GUJARAT dismissed the appeal filed by the appellant in connection to the judgment and conviction passed by the High Court .
The appellant was a public servant , who challenged the judgement of High Court where he was convicted as well as a sentence of ten years of rigorous imprisonment along with fine that was passed against him for raping the victim while taking due advantage of his official position.
FACTS: The victim during the time of the assault was a minor, who had been sexually assaulted by a person wearing uniform. Subsequently, an F.I.R. was lodged which eventually proved the sexual assault been committed upon the victim along with other injuries sustained .The appellant along with another person were held into custody upon suspicion wherein by conducting a Test Identification Parade , the identity of the appellant came into the display.
However, during the trial the charges of sexual assault and dock identification were blatantly denied by the victim as a result, the appellant was acquitted. When an appeal was made before the High Court, the appellant faced conviction based on the F.I.R. that was lodged and duly proven by Police Sub Inspector accompanied by the proving of sexual assault and T.I.P. Identification test .
HELD : When the matter was brought before the Apex Court ,having considered the facts, the Hon’ble Supreme Court of India, dismissed the appeal by providing due importance to the victim and her family and keeping in mind that the incident had occurred fourteen years ago when she was minor and that at present any initiation of prosecution might turn out to be a reason of marital discord in her life.
Full Judgment: https://www.sci.gov.in/supremecourt/2016/24993/24993_2016_Judgement_28-Sep-2018.pdf