Santacruz resident cleared of rape charge after 7 years in jail

The accused, who had been in custody since his arrest on May 20, 2019, was acquitted by additional sessions judge Mahesh K. Jadhav of the Mumbai Sessions Court on Monday. The court directed that he be released immediately if not required in any other case

Mumbai: A sessions court has acquitted a 45-year-old Santacruz resident in a rape case, noting that the prosecution failed to prove the charges and that the evidence on record was inconsistent and unreliable.

Wooden gavel and books on wooden table

The accused, who had been in custody since his arrest on May 20, 2019, was acquitted by additional sessions judge Mahesh K. Jadhav of the Mumbai Sessions Court on Monday. The court directed that he be released immediately if not required in any other case.

According to the prosecution, the case stemmed from a complaint by a 33-year-old woman, who suffered from epilepsy and partial physical disability. She had alleged that her neighbour had called her to his house in a Santacruz chawl on May 18, 2019 and sexually assaulted her, while also threatening to kill her mother and brother if she disclosed the incident to anyone.

Police later claimed the assault had occurred more than once and filed a chargesheet after completing the investigation. During the trial, the prosecution examined 12 witnesses, including the complainant, her family members, medical professionals and investigating officers, and relied on medical and forensic evidence.

However, the court found serious gaps in the prosecution’s case. It noted that the complainant’s testimony contained key contradictions and differed from her earlier statements. During cross-examination, she admitted that she had not gone to the accused’s house, which the court said undermined the allegation of assault at that location.

The court also observed that the testimonies of the victim’s mother and sister were not based on direct knowledge, and that investigators had failed to examine independent witnesses who were said to be present near the scene.

Further, forensic and medical evidence did not support the allegations. The court noted that DNA analysis did not detect any male DNA and that medical examination did not reveal injuries consistent with sexual assault.

The judge also held that the prosecution had not established the victim’s mental disability to the extent required to invoke aggravated charges. In addition, the court took note of a tenancy dispute involving the accused’s residence, observing that the possibility of false implication could not be ruled out. In view of these findings, the court acquitted the accused, holding that the prosecution failed to establish guilt beyond a reasonable doubt.