MUMBAI: "Simply on the basis of physical examination of the patient, opinion cannot be formed that the victim was patient of schizophrenia," said Bombay high court setting aside a rape conviction and life sentence in a 14-year-old case after finding no proof that alleged victim was either raped or schizophrenic.
"It is difficult to accept that victim was a patient of schizophrenia—at the time of the alleged offence of rape-- a mental disease in absence of expert evidence or opinion," said Bombay high court bench of Justices Prasanna Varale and Shrikant Kulkarni on July 21. The HC allowed a nine-year-old appeal against conviction.