Vishnu Tiwari

For the Indian cricketer, see Vishnu Tiwari (cricketer).

Vishnu Tiwari, (born in Lalitpur, Uttar Pradesh, in 1978), is an Indian man who was wrongfully accused and convicted of rape. Tiwari spent two decades behind bars, taking help from various NGOs and suffering bankruptcy, enduring a life sentence before the being declared not guilty by the Allahabad High Court.

Background

Vishnu Tiwari hailed from the village of Silawan in Lalitpur and, at the age of 23, found himself entangled in a legal battle that would shape the course of his life. Living with his father and two brothers, Tiwari was a school dropout who worked odd jobs to support his family.

Accusation and conviction

In September 2000, a woman from Silawan accused Vishnu Tiwari of rape, criminal intimidation, and sexual exploitation under the IPC and the SC/ST (Prevention of Atrocities) Act. The trial court in Uttar Pradesh sentenced him to life imprisonment in 2001, relying solely on the woman's allegations. Despite being known as a mild-mannered person and a gifted cook, Tiwari faced the harsh reality of prison life. His limited financial resources prevented him from securing adequate legal representation, and he struggled to mount a robust defense.

Legal Appeals and High Court Verdict

In 2005, Vishnu Tiwari decided to challenge the verdict against him, and in 2020, the authorities appealed to the Allahabad High Court. On 28 January, a division bench of Justices Kaushal Jayendra Thaker and Gautam Chaudhary declared Vishnu not guilty. The court highlighted significant discrepancies in the case, including the delayed filing of the FIR, the absence of injuries on the woman's private parts, and a potential motive stemming from a land dispute.

Life After Release

Vishnu Tiwari's release from Agra Central Jail on 3 March, after two decades of wrongful imprisonment, marked his return to a vastly changed world. Adjusting to the advancements in technology, especially the prevalence of mobile phones, proved challenging for the 43-year-old.

During his incarceration, Tiwari lost his father, mother, and two brothers. The family's economic condition deteriorated, leading to the sale of ancestral lands and buffaloes to cover legal expenses. Unable to attend the funerals of his family members, Vishnu Tiwari faced emotional and financial hardships upon his release.

National Human Rights Commission (NHRC) Involvement

Taking suo motu cognizance of Vishnu Tiwari's 20 years of wrongful imprisonment, the NHRC issued notices to the chief secretary and director-general of police in Uttar Pradesh. The NHRC sought a detailed report on the matter, emphasizing the potential non-application of Section 433 CrPc, which allows for the commutation of sentences.

Legacy

Vishnu Tiwari's case has sparked public outrage and raised questions about the flaws in the Indian legal system. The controversy surrounding his wrongful conviction has prompted discussions on the need for judicial reforms and the protection of individuals from false accusations.