Ganga Prasad Mahto finally got the justice from Supreme Court after a long legal battle of more than 22 years.
The prosecutrix women lodged a complaint in Dec 1997 accusing Ganga Prasad Mahto. Prosecutrix alleged that in the absence of her husband, Mahto entered in her house, threatened her with pistol and committed rape.
In year 2002, Ganga Prasad Mahto was convicted by the Additional District & Sessions Judge, Samastipu, Bihar and sentenced to “undergo rigorous imprisonment for 7 years”.
Then Ganga Prasad appealed in Patna High Court seeking releif and Justice. Patna High Court in year 2014 dismissed his appeal and upheld the order of the Sessions Judge.
Then finally, Mahto approach Supreme Court for appeal. The bench of Justice Abhay Manohar Sapre and Dinesh Maheshwari observe that “prosecution has failed to prove rape” alleged against Mahto.
The bench given seven reasons of their observations :
First and second reason was related to medical examination as;
“First, the complainant was not examined by the Doctor after the alleged incident. Second, in absence of any medical examination done, the prosecution did not examine any doctor in the trial in support of their case;”
The third and fourth reason was explained with the past cases by prosecutrix as;
“Third, it was not disputed that similar type of complaints were being made in past by the complainant against other persons also and such complaints were later found false;”
“Fourth, it was also not disputed that there was enmity between the appellant and the husband of the prosecutrix, due to which their relations were not cordial;”
In the fifth reason, the bench found that prosecutrix was habitual of making such wild allegations. Sixth and seventh reason as no eye witness.
“Fifth, it had also come in evidence that the prosecutrix was in habit of implicating all the persons by making wild allegations of such nature against those with whom she or/and her husband were having any kind of disputes;”
The bench considering all the facts, set aside all the precious orders and acquitted Ganga Prasad Mahto from all charges.