The high court was hearing an appeal filed by the Uttar Pradesh Government challenging the acquittal of an accused in a 2024 rape case in Kushinagar district. The special judge acquitted the accused on April 9, 2025.

While hearing the appeal, the high court bench stated that a perusal of the trial court’s judgment showed that the girl was examined medico-legally and that the defence accepted the report’s genuineness. The bench further said, however, that the judgment contained no mention of the injuries found on her body and no discussion at all regarding the medical report.

“There is no discussion that the said report was prepared by who and when,” the bench stated.

The high court observed, “We perused the medical report as handed over to us by Additional Government Advocate, a perusal of which reveals that the victim sustained following injuries: A 4 cm scratch mark on left thigh about 13 cm from left knee joint. Two small scratches about 0.5 to 1 cm over abdomen. A red colour 2/2 cm abrasion on back about 12 cm from left shoulder joint.”

The bench also observed, “A perusal of the judgment of the trial court also shows that the blood was also found on the undergarments of the victim as per FSL report. We find [it] strange that the prosecution did not examine the concerned doctor, and what we find most strange is that the trial court failed in its duty to ensure that the doctor is produced or summoned as a court witness to explain the injuries found on the body of the victim at the time of medico-legal examination.”

The high court directed that a notice be issued to the special judge.

“The aforesaid is necessary in view of the fact that a reading of the judgment passed by the trial court prima facie shows that the medico-legal report has not been discussed at all, which is a relevant fact and has helped the accused in being acquitted from the charge,” the court stated, listing the hearing of the matter for April 15.