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High Court sets aside conviction in gangrape case

Madras High Court

Madurai: The Madras High Court has set aside the conviction and 10 years rigorous imprisonment imposed on two persons, who allegedly raped a woman in her house in Tuticorin district in 2003.

Justice S.Nagamuthu of the Madurai bench, allowing the appeal filed by Jayasankar and Nagamuthu, cited material contradictions in the evidence produced by prosecution.

“There is a legal presumption against the accused that they should have committed the crime. It is a gangrape case in which a juvenile was also involved and tried separately before the Juvenile Justice Board.”

“..Such a presumption is undoubtedly rebuttable. But the court finds it difficult even to raise such a presumption in this case due to contradictions and improbabilities in the evidence of the victim and her parents,” the judge said.

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