Man acquitted of rape charges levelled by minor daughter after 5 years in jail | Mumbai news - Hindustan Times
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Mumbai man acquitted of rape charges levelled by minor daughter after 5 years in jail

By, Mumbai
Aug 14, 2022 05:27 AM IST

The 14-year-old girl who studied in a government school in Andheri had approached her school teacher on March 5, 2017, and confided that she was being sexually assaulted by her father.

A special POCSO (Protection of Children from Sexual Offences Act) court has acquitted a 38-year-old city resident of the charge of raping his minor daughter after he spent around five-and-half years behind bars. The special court expressed doubts over the girl’s story, as the father used to scold her over her relationship with a boy and her inclination towards make-up at a young age.

Man acquitted of rape charges levelled by minor daughter after 5 years in jail
Man acquitted of rape charges levelled by minor daughter after 5 years in jail

The 14-year-old girl who studied in a government school in Andheri had approached her school teacher on March 5, 2017, and confided that she was being sexually assaulted by her father, a tailor by profession. The class teacher informed a local NGO and with the help of activists lodged a complaint against the girl’s father with DN Nagar police station in Andheri.

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The case against the accused father was registered on March 16, 2017, and he was arrested two days later. The accused was in prison since his arrest. The evidence before the trial court, however, also revealed that the room where the family resided was 10 by 12 feet. It had come on record that the survivor, her two sisters, two brothers and parents, including the accused, were residing and used to sleep in the room.

“If this situation is considered, the statement of the victim that her father used to sleep on her, used to establish sexual intercourse, if the said act were actually done in such a small room, some family member must have noticed the said acts,” the special judge SY Bhosale said while disbelieving the girl’s testimony.

The court also noted that the medical evidence was not supporting the allegation of multiple sexual assaults as her hymen was still intact.

“The medical officer in his cross ­examination admits that if there is sexual intercourse more than 2 to 3 times and still the hymen is intact then it is abnormal. In the present case according to the victim, the accused used to establish intercourse 2 to 3 times in a month and said the scenario continued between January 2016 and 05.03.2017. If it was the position then prosecution ought to have established that on medical examination the victim was found habituated to the intercourse,” the court observed.

The defence had examined the sibling of the victim and her mother who informed the court that the survivor had a love affair with one boy and on that ground, the accused had beaten her up. The survivor had in her evidence also accepted the fact that she was well acquainted with the boy and was in the habit to put on makeup which was disliked by the accused.

“If these facts and circumstances are considered in true perception the court is of the view that there are grey areas which creates doubt about the prosecution case and therefore the sole testimony of informant cannot be believed,” the court said, acquitting the father.

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