Doctor’s testimony saves rape accused | mumbai | Hindustan Times
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Doctor’s testimony saves rape accused

mumbai Updated: Jan 12, 2010 02:18 IST
HT Correspondent

The sessions court on Friday acquitted a 50-year-old man arrested for allegedly raping a 35-year-old woman, after the defence picked holes in the testimony of one of the prosecution witnesses.

Parksite police said the victim, who worked near Godrej Colony in Vikhroli, filed a police complaint in April 2006, claiming that one Kashinath, who also worked there as a labourer, had accosted her while she was on her way to work, dragged her to a secluded spot and raped her.

Kashinath was arrested and booked for rape, under section 376 of the Indian Penal Code. He was later released on bail and the case was pending in court.

In court during the trial, the victim narrated her ordeal, but her case collapsed during cross-examination — one of the prosecution’s seven witnesses, a doctor, said the victim’s sexual organs were not fully developed. Kashinath’s advocate, Vijay Desai, argued that if the victim didn’t have fully developed sexual organs, the question of rape did not arise.

The victim also told the court she had been married two years but had not had any sexual relations with her husband, and that she had been living by herself for the past decade.

Desai also pointed out contradictions in the victim’s statement while describing the scene of the alleged crime.

The court acquitted Kashinath for lack of evidence, and based on the prosecution’s failure to prove its case.