India, Oct. 9 -- The Allahabad high court, after 38 years of conviction in a rape case, set aside the conviction in appeal moved by the accused - Subhash, saying that the prosecution has failed to prove the case beyond a reasonable doubt, victim being major was fully aware of her action and was a consenting party.

In this backdrop, Justice Abdul Shahid allowed the criminal appeal of accused, who was convicted by the sessions court of Meerut in the year 1988 in rape and kidnapping case.

Since the accused was on bail during the pendency of the case, the court directed that he need not surrender and his securities were accordingly discharged.

The present criminal appeal was filed against the judgment and order dated September 26, 1988 pas...