Patna High Court Acquits Sambhu Sada in Rape Case

Presumption of innocence persists after trial conviction

The Patna High Court ruled that a conviction by a Trial Court does not terminate the presumption of innocence. This presumption remains in effect until the prosecution proves guilt beyond reasonable doubt in the appellate court.

The court also held that criminal proceedings for serious offences like rape cannot be quashed simply because the involved parties reached a compromise. Regarding legal practitioners, the court held that an advocate is not subject to criminal prosecution for an incorrect legal opinion unless they deliberately provided false information in collusion with others.

In another matter, the court cancelled an anticipatory bail granted eight years ago, ruling that a person cannot justify making a false statement on oath by claiming the correct facts were disclosed in the First Information Report. The High Court of Judicature at Patna was established through Letters Patent dated 9th February 1916, which included provisions for circuit sittings to be held at Cuttack.

Case history from 2010 incident to 2015 conviction

The appeal challenged a June 23, 2015 judgment and a July 9, 2015 sentencing order from the Second Additional Sessions Judge, Madhepura. The judge had imposed four years of rigorous imprisonment for Section 366A and five years for Section 376 of the Indian Penal Code, to be served concurrently.

The prosecution case began with a complaint from Vidyanand Bhagat, who alleged his minor daughter was taken by the accused on September 12, 2010.

Material contradictions in testimony and FIR delay

The court noted that the First Information Report was filed two days after the alleged incident and observed that the delay was significant because the eyewitness failed to provide a convincing explanation for the silence.

The victim's testimony contained material inconsistencies, as she initially claimed three people committed the rape before correcting her statement to identify only Sambhu Sada, a change that matched her earlier statement under Section 164 of the Code of Criminal Procedure.

Medical evidence and legal precedent

Medical evidence in the case of Sambhu Sada indicated the victim had a torn hymen, though examinations showed no findings suggestive of recent intercourse. The Court clarified that the absence of such findings does not definitively prove that rape did not occur.

Citing the Supreme Court case State of Punjab v.

In a separate matter involving the suspension of a sentence, the Supreme Court refused to grant relief to journalist Tarun Tejpal in his 2013 rape case. Advocate Kapil Sibal represented Tejpal during the hearing.

Tejpal surrendered at the Additional Sessions Court in Mapusa on September 14, 2026, and is currently held at the Central Jail in Colvale, North Goa.

Prosecution fails to bridge gap between suspicion and proof

It determined that a conviction cannot be based on the mere possibility that the prosecution's version is true.

Overview of the Patna High Court

The High Court of Judicature at Patna is headquartered in Patna, Bihar, and was established in 1916. The official website for the institution is www.patnahighcourt.gov.in.