Man accused of raping minor daughter acquitted after 7 years in jail

A special POCSO (Protection of Children from Sexual Offences Act) court on Tuesday acquitted a 57-year-old man of the charge of sexually abusing his daughter after he spent nearly seven years behind bars

A special POCSO (Protection of Children from Sexual Offences Act) court on Tuesday acquitted a 57-year-old man of the charge of sexually abusing his daughter after he spent nearly seven years behind bars.

Man accused of raping minor daughter acquitted after 7 years in jail

Special judge Kalpana Patil said there was “every possibility of [the minor] filing a false complaint of rape or sexual assault against the accused,” in view of the strained relationship between her mother and the man.

According to the prosecution, the minor alleged that her father used to touch her private parts between 2013 and 2015. Giving instances, she claimed that on July 22, 2014, when her mother was away for work, her father sexually assaulted her. He did it again on September 11, 2015.

She confided with her friend in college who took her to BYL Nair Hospital from where they approached an activist from Childline. A case was registered at LT Marg police station against her father on October 6, 2015, and three days later, on October 9, he was arrested. The accused has been in prison since then.

The prosecution relied on the testimony of the girl, her mother, and the doctor who examined her, to prove the charge of rape against the man, a resident of Chira Bazar.

The court, however, found that the minor’s testimony was full of contradictions.

“It appears from the prosecution’s evidence, particularly the testimony of PW 5 [mother of the survivor], that while making efforts to look after the victim’s educational progress, the accused used to be strict with the minor. PW 5 also appears to be fed up with the behaviour of the accused with her,” the special judge said.

The court also said that once the family had a quarrel with their neighbour who along with two of her associates assaulted the girl’s father. The minor had reported the incident to the police and later lodged a complaint of rape against the two assailants as per her father’s instructions.

“However, it does not appear convincing that the victim did not approach the police even after the incident of rape or sexual assault on her by her father,” the court said. “On the contrary, it appears that after filing a complaint of rape against the two persons present with her neighbour, the victim became aware that using a complaint of sexual harassment or rape one could restrain the person who was troublesome,” special judge Patil said.

“Considering the extreme matrimonial disagreements between the minor’s parents, there is every possibility of filing a false complaint of rape or sexual assault against the accused to get the victim and her mother free from the man,” the court said and dismissed the charge against the 57-year-old man.