Vishnu Tiwari case
Vishnu Tiwari is one of India's most prominent examples of wrongful conviction and severe judicial delay. Tiwari spent 20 years in prison for a false rape and Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (SC/ST Act) accusation before being acquitted by the Allahabad High Court.[1][2][3]
Background and Arrest
[edit]In September 2000,Vishnu Tiwari, then a 23-year-old man and resident of Silavan village in the Lalitpur district of Uttar Pradesh, was accused of raping a woman from his village. A First Information Report (FIR) was registered based on allegations that Tiwari had assaulted the woman while she was walking to her fields. Tiwari was arrested by the local police on September 16, 2000.[4]
Trial and conviction
[edit]In 2003, a Sessions Court in Lalitpur convicted Tiwari under Section 376 of the Indian Penal Code (Rape) and relevant sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The trial court sentenced him to life Imprisonment.[5]
Imprisonment and judicial activity
[edit]Tiwari was incarcerated at the Agra Central Jail. He attempted to appeal his conviction, but his case suffered from extreme bureaucratic negligence.[6][7]
An appeal filed from prison in 2005 remained categorized as "defective" for 16 years because of minor documentation errors and a lack of active follow-up by state-appointed legal counsel.[8]
During his two decades of imprisonment, Tiwari’s family was socially ostracized by the villagers and his relatives, and his father, brother, and another close relative died. Due to financial ruin, his family was forced to sell their ancestral land.[9][10]
Acquittal
[edit]Allahabad High Court took up the long-delayed appeal and delivered its verdict on January 28, 2021. A division bench comprising Justices Kaushal Jayendra Thaker and Gautam Chowdhary completely set aside the conviction due to lack of evidence.[11][12]
Aftermath and legacy
[edit]Tiwari was finally released from jail in March 2021 at the age of 43. Following public outcry, the National Human Rights Commission (NHRC) intervened, demanding justice and accountability from the Uttar Pradesh government regarding prison reforms and compensation mechanisms for individuals wrongfully convicted.[13][14]
References
[edit]- ↑ Verghese, Leah (2021-03-24). "The case that time forgot". The Hindu. ISSN 0971-751X. Retrieved 2026-09-09.
- ↑ Desk, India Today Web (2021-03-03). "Man serves 20 years in jail for crime he did not commit, Allahabad HC frees him". India Today. Retrieved 2026-09-09.
{{cite web}}:|last=has generic name (help) - ↑ "SC/ST Act 'misuse': 10 'fake' cases in 6 years, dalit family earns Rs 3 lakh". The Times of India. 2018-04-12. ISSN 0971-8257. Retrieved 2026-09-09.
- ↑ ""My Body Is Broken...": UP Man Acquitted Of Rape After 20 Years In Prison". www.ndtv.com. Archived from the original on 2026-05-16. Retrieved 2026-09-09.
- ↑ Singh, Ratna (2021-03-19). "Vishnu Tiwari's Two Decades Of Incarceration: An Analysis Of His Acquittal". lawbeat.in. Retrieved 2026-09-09.
- ↑ "Family Ostracized, Died, Land Sold: NHRC Demands Justice for Vishnu Tiwari who is Acquitted After 20 Years in Jail in Bogus Rape Case". B&B Associates LLP. Retrieved 2026-09-09.
- ↑ "SC/ST Act का दुरूपयोग और बिना गुनाह के 20 साल तक जेल, विष्णु तिवारी की कहानी सुनकर रो उठेंगे आप भी". Times Now Navbharat (in Hindi). 2021-03-06. Retrieved 2026-09-09.
- ↑ "याद हैं न ललितपुर वाले विष्णु तिवारी! जीवन में नहीं कम हुए दुःख, फिर मिला धोखा". Jansatta (in Hindi). 2022-07-26. Retrieved 2026-09-09.
- ↑ "Lalitpur news: 20 साल पहले न्याय की लड़ाई में कोई साथ नहीं था, विष्णु तिवारी की मदद को अब आगे आ रहे लोग". Navbharat Times (in Hindi). Retrieved 2026-09-09.
- ↑ "विष्णु तिवारी: झूठे SC/ST एक्ट आरोप से जेल में बीते 20 साल, खत्म हुआ परिवार, गलत सजा और न्याय में देरी की पूरी कहानी". Navbharat Times (in Hindi). Retrieved 2026-09-10.
- ↑ Bajpai, Namita (2021-03-03). "Falsely accused of rape, UP man freed after spending 20 years in jail". The New Indian Express. Retrieved 2026-09-09.
- ↑ "UP: After 20 years in jail, man found innocent". The Times of India. ISSN 0971-8257. Retrieved 2026-09-09.
- ↑ Taskin, Bismee (2021-03-10). "How do I start life at 43, asks Vishnu Tiwari who spent 20 years in jail in false rape case". ThePrint. Archived from the original on 2025-07-06. Retrieved 2026-09-09.
- ↑ "Innocent man in jail for 20 years: NHRC seeks UP's reply on rehab". The Times of India. 2021-03-06. ISSN 0971-8257. Retrieved 2026-09-09.