Accused must get benefit of doubt: Judge | mumbai | Hindustan Times
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Accused must get benefit of doubt: Judge

mumbai Updated: Oct 07, 2010 01:34 IST
HT Correspondent

In the case against the men accused of gang raping an American student of the Tata Institute of Social Science (TISS), the prosecution built its case on the testimony of 55 witnesses apart from that of the victim and the accused and various forensic reports.

The medical examination did not turn up anything.

The defence, on its part, argued that there was no rape. “There was no medical evidence to corroborate the student’s allegations,” said one of the defence lawyers, Rohini Salian.

She said the student had told the police that she thought she had been raped.

“When the medical evidence is negative, the prosecution doesn’t have much of a case to present,” said another defence advocate Parveez Memon.

Pointing out that the medical examination for rape was negative, the court also observed that there was no corroborative evidence to support the student’s statement.

To the prosecution’s claim that she fell unconscious after being drugged, the court observed that her call records showed she was constantly talking on the phone and hence could not have been unconscious.

The court agreed with the defence stand that the victim was changing her versions. “We argued that there were discrepancies in her statements,” said Memon

Finally, the court said: “The benefit of the doubt has been given to the accused and, hence, they are acquitted.”