Lucknow: A special court in Basti district has acquitted two men, including a Nagar Panchayat chairman, of rape and criminal conspiracy charges, citing lack of evidence, and ordered recovery of Rs 3 lakh paid to the complainant as govt compensation after she admitted she filed the case to obtain financial assistance.
The case stemmed from an FIR registered on Aug 27, 2023, at Rudhauli police station in Basti district on a complaint by a woman living in the station’s jurisdiction. She accused Nagar Panchayat chairman Dhirsen Nishad and another man, Madaram Pathak, of rape and conspiracy.
On that basis, the court directed the district social welfare officer to initiate recovery proceedings for the Rs 3 lakh under the relevant compensation scheme rules and ensure its deposit into the state treasury. Nishad and Pathak were acquitted of offences under Sections 376 and 120B of the Indian Penal Code and Section 3(2)(v) of the SC/ST Act. The order was passed by Special Judge Ram Karan Yadav, who hears cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Directing the district social welfare officer to act under prescribed rules, the court ordered that the compensation amount be recovered and deposited in the state treasury, and that a copy of the judgment be forwarded for compliance. After considering the entire record, the court held that the prosecution failed to establish the charges beyond reasonable doubt.
She acknowledged that she had received Rs 3 lakh as compensation from the govt and stated that she had lodged the FIR to obtain financial assistance, according to the judgment.
During the probe, investigators examined the complainant’s mobile phone and recovered recordings of conversations that the prosecution said were relevant. Police registered the case and began an investigation. The recordings were sent for forensic examination to assess voice matching with the persons concerned. the court noted that even if voice samples were found to match, that fact by itself could not prove the commission of rape While considering the material. The court assessed witness statements and other documentary and forensic material placed by the prosecution but found that the evidence fell short of the standard required to convict. A key turning point in the trial came during the complainant’s cross-examination. The court recorded this admission while evaluating the credibility of the prosecution case and the circumstances under which compensation had been paid.