Ghaziabad: Man jailed for raping minor acquitted after over 4.5 years

The incident was alleged to have happened in a locality that falls under Loni police station on September 21, 2020

Ghaziabad: A 24-year-old man stepped out of Dasna jail after over four-and-a-half years as a Ghaziabad court on Wednesday acquitted him of charges of raping a minor girl in 2020.

The man during the trial told the court that a month before the alleged incident, his father and the girl’s father had quarrelled, and her father had threatened them of dire consequences. (Representational image)

The court headed by special judge (Pocso Act) Neeraj Gautam in its order directed for immediate release of the man who was 19 at that time and used to assist his e-rickshaw driver father in transporting goods, said his lawyer.

The incident was alleged to have happened in a locality that falls under Loni police station on September 21, 2020. A first information report (FIR) was lodged the same day, and the man was arrested under IPC section 376 for rape and under provisions of the Protection of Children from Sexual Offences Act.

The girl, then a Class 10 student, alleged that she was about to leave for coaching class, her brother had gone upstairs, and no other family member was present. The case further states that around 3.30pm her neighbour, the suspect man, dragged her out of her house to his nearby house on gunpoint, and raped her.

The prosecution case states that the girl was hit by the weapon, and the girl and her brother shouted for help. But no one heard them and came for rescue. She came out of the suspect’s house around 4.30pm and headed for her tuition. Midway, she met her mother and narrated the incident.

“On Wednesday, the court found that there were various contradictions in the statements given by the girl. Further, there were no internal/external injuries found on her body during the medical examination. Considering the arguments by the defence, the court acquitted the man of charges of rape and POCSO (Protection of Children from Sexual Offences Act, 2012),” said special public prosecutor Utkrash Vats.

Police also took the girl for her statements before a magistrate soon after the incident, and a charge sheet was filed under Indian Penal Code (IPC) section for rape and provisions of Pocso Act on November 23, 2020.

The man during the trial told the court that a month before the alleged incident, his father and the girl’s father had quarrelled, and her father had threatened them of dire consequences.

The defence produced two independent witnesses, both neighbours, who told the court that they were in the streets around 3pm on the day of the alleged incident but did not see the man dragging the girl to his house, and did not hear any scream for help.

“The witnesses also told the court about the fight between the fathers of the girl and the man (suspect) a month before the incident. Further, there were statements of the girl that she was hit by a weapon. But the medical examination did not reveal any injury. Further, there was no indication whether the said weapon was recovered or not,” said Priyank Tyagi, the defence lawyer who assisted his lawyer father Rakesh Tyagi (Nekpur) during the trial.

The point stated by the girl that she headed to her class after being raped, raised further doubts.

The court in its final order on Wednesday said that based on evaluation of evidences on record, the prosecution was unable to prove its case beyond a reasonable doubt against the accused.

“… the accused is acquitted of charges of rape under IPC section 376 and section ¾ of the Pocso Act. The accused is lodged in jail and his release order should be issued at the earliest,” the court order said.

Defence lawyers said the man was released from Dasna jail on Wednesday evening.

“He belongs to a very poor family… He was lodged in jail for over a period of four-and-half-years. Considering his condition, we did not charge them and contested the case,” Tyagi added.