Chandigarh: Two booked for rape walk free as minor girl turns hostile
Citing lack of evidence, fast-track special court of additional sessions judge Yashika set free Dhanas resident Asif, alias Asim, and Sandeep, alias Sandy
Over two years after two men were booked for kidnapping and raping a minor girl, the accused have been acquitted by a fast-track special court dealing with POCSO and rape cases after the girl turned hostile and the prosecution failed to prove the charges.
Citing lack of evidence, the court of additional sessions judge Yashika set free Dhanas resident Asif, alias Asim, and Sandeep, alias Sandy.
The case dates back to May 21, 2022, when the Sarangpur police station had arrested the duo after lodging an FIR under Sections 363, 366, 376 and 120-B of the Indian Penal Code, and Section 6 of the Protection of Children from Sexual Offences Act (POCSO) Act.
As per the prosecution, Asif had kidnapped the minor girl living in his neighbourhood and raped her. The police claimed that Sandeep supported him in this incident. However, these allegations could not be proved in court.
During trial, the minor girl retracted her statements, claiming that the accused did not do anything wrong to her.
Defence counsel Shivmurti Yadav argued in court that the police did not have any concrete evidence to prove that the girl was a minor. Also, the police did not even conduct her medical examination.
Considering these facts and lack of evidence, the court acquitted both accused.
Shoddy police investigation disappoints court
The court also expressed displeasure over the negligence and weak investigation of the police.
The court observed that apart from the girl and her mother, the other prosecution witnesses were official and formal in nature, and their testimonies were not sufficient to prove the charges framed against the accused.
“Thus, the previous statement of the victim in absence of cogent, corroborative and substantive evidence on record cannot be taken into consideration for holding the accused guilty of the charges framed against them. Thus, there is no oral, medical and forensic evidence on record establishing the case of prosecution,” said the court.
“Keeping in view the entire facts and circumstances of the present case, it is crystal clear that the prosecution has miserably failed to bring home the essential ingredient of any of the offences...beyond any shadow of reasonable doubt. Consequently, the accused persons stand acquitted,” the court held, allowing the accused to walk free.
‘Victim’s claim has shattered the court’
“There is no medical evidence on record to prove the charges framed against the accused, as the victim refused internal medical examination. The victim had resiled from her statement before the police by saying that she got recorded her statement under the pressure of police. Moreover, victim has stated that she gave statement...to the magistrate at the instance of police. The victim...has shattered the court by claiming that on the relevant date and time she herself went to meet her friend and accused persons have not done anything wrong with her,” the court further remarked.