Ghaziabad: Father cleared of rape charges after daughter tells court he only broke her phone

In its final order dated April 10, the court held that the prosecution had failed to establish the charges beyond reasonable doubt

A 50-year-old man from Loni was acquitted by a Ghaziabad court on Thursday of charges that he repeatedly raped his minor daughter after the girl, during trial, admitted that her allegations were false. She told the court that she had accused him of rape following an argument in which he broke her mobile phone for not focusing on her studies.

The girl’s mother had initially reported that her daughter had disclosed that she was subjected to repeated abuse by her father over several months, and that he allegedly threatened her from reporting the incident. (Representational image)

The alleged incident came to light on September 24, 2024, when the victim’s mother filed a police complaint. The mother stated that her daughter had disclosed that she was subjected to repeated abuse by her father over several months, and that he allegedly threatened her from reporting the incident. At the time, the girl was 16 years old and a student of class 9.

An FIR under relevant sections was registered the same day at Loni police station, and the accused was arrested.

In her statement under Section 183 (statement before a magistrate) of Bharatiya Nagrik Suraksha Sanhita, the victim recounted the abuse by her father, which she alleged began when she was in class 5. She also accused him of attempting to harm her on September 23, 2024, a day before the alleged assault.

Charges were framed against the accused on January 2, 2025.

However, during her chief examination in court, the victim’s mother stated that her daughter had not complained to her about any such incident involving the father. She also told the court that she was uneducated and could only sign her name.

“There was a domestic dispute at home, which led to the filing of the complaint. The written complaint on record was not authored by me but by someone else,” the court quoted the mother as saying in its order.

The court order further stated that the woman elaborated on the domestic dispute, saying her husband had smashed their daughter’s mobile phone in anger because she was frequently using it and neglecting her studies.

In her chief examination, the girl told the court that she went to her aunt’s house and informed her about the broken phone, to which her aunt responded that she would look into the matter.

During cross-examination, the girl said she had given her statement before a magistrate out of fear, and denied that any abuse had taken place. “My father never tried to pour petrol over me. He did not do anything except break my mobile phone,” she told the court.

The girl’s aunt also deposed in court, saying she had written the police complaint on instructions from officers at the police station. “The complaint was written just to instill fear, and no such acts occurred,” the court noted in its order.

The prosecution told the court that the girl, her mother, and her aunt had turned hostile during the trial. “All three turned hostile, and the charges against the accused could not be proved. He remained in custody throughout the trial and was acquitted,” said Utkarsh Vats, special public prosecutor, POCSO.

In its final order dated April 10, the court held that the prosecution had failed to establish the charges beyond reasonable doubt.

“The accused is acquitted of offences under Sections 64(2)(f) and 351(2) of the Bharatiya Nyaya Sanhita, as well as Sections 5(n)/6 of the POCSO Act. Since the accused is currently in judicial custody in this case, a release order should be sent immediately to the jail authorities. He should be released forthwith if not required in any other matter,” stated special judge (POCSO court) Neeraj Gautam in the order.