The Gauhati High Court has overturned the conviction of 24-year-old Sudip Biswas, who had been sentenced to 12 years in jail for allegedly raping a 48-year-old woman. The ruling came on September 22, 2025, with the court ordering his immediate release.
Background
In 2022, a sessions court in Bongaigaon found Biswas guilty of rape under Section 376 IPC, largely relying on the woman's statement that he had assaulted her and caused her pregnancy. She gave birth to a child, and this was treated as proof against him.
But from the start, the case raised doubts. The woman admitted she never saw her attacker's face because it was dark. She only came to know Biswas’s name after villagers told her. The FIR was filed months after the alleged incident. Despite these gaps, the trial court convicted him.
Court's Observations
On appeal, Biswas's lawyers argued that the evidence was weak. The High Court ordered a DNA test under Section 53A of the Criminal Procedure Code, despite his initial refusal.
The results, submitted in 2024 by the Directorate of Forensic Science, clearly stated that Biswas was not the father of the victim's child. This undercut the trial court's reasoning.
"The victim cannot be said to be a sterling witness," the bench of Justice Michael Zothankhuma and Justice Anjan Moni Kalita noted.
They also stressed that while privacy rights matter, they cannot block the pursuit of truth in serious offences like rape.
Decision
With the DNA report and the shaky testimony, the High Court ruled that the prosecution failed to prove guilt beyond reasonable doubt.
"The impugned judgment being not sustainable, we acquit the appellant," the bench declared, directing jail authorities to release Biswas immediately.
The order not only frees Biswas but also highlights the growing role of DNA evidence in Indian criminal trials sometimes making the difference between conviction and acquittal.
Case Title: Sudip Biswas @ Bura vs. The State of Assam and Anr.
Case No.: Crl.A./73/2023
