Greater Noida: Victim recants, two minor boys cleared of rape by JJB - Hindustan Times
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Greater Noida: Victim recants, two minor boys cleared of rape by JJB

By, Noida
Jun 06, 2024 05:22 AM IST

The victim turned hostile in her statement to the magistrate and said that her father, who is the complainant in the case, forced her to lie to the police to frame the two boys and the man

Two 16-year-old boys, who were booked last week under charges of gang-rape and sections of the Protection of Children from Sexual Offences (Pocso) Act along with a 32-year-old man, were acquitted and released by the Juvenile Justice Board (JJB) on Tuesday after the victim turned hostile in her statement to the magistrate and said that her father, who is the complainant in the case, forced her to lie to the police to frame the two boys and the man, prosecution officials said on Wednesday.

The two minor boys were acquitted by the JJB and released from the observational home on Tuesday. (Representational Image)
The two minor boys were acquitted by the JJB and released from the observational home on Tuesday. (Representational Image)

On May 22, an FIR was registered at Jarcha police station in Greater Noida against a 16-year-old boy on the basis of a complaint from a 14-year-old girl’s father, said police.

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In his complaint, the father said his daughter, is a class 7 student.” On January 16, a boy from the same village, who was eyeing my daughter, came to my house and raped her,” he said, adding that neither he, nor his wife, or their other children were home at that time. He also claimed that he did not report the matter earlier due to shame, and decided to do so only after the boy’s family started threatening to kill them.

Sunil Kumar, station house officer of Jarcha police station, said, “On the basis of the complaint, an FIR was registered under charges of rape (376), criminal intimidation (506) and relevant sections of the POCSO Act.”

On May 23, in her statement to the police under section 161 of Code of Criminal Procedure (CrPC), the victim said three people --two minor boys and a 32-year-old man -- came to her house on January 16 and raped her.

“On the basis of the victim’s statement, the sections in the FIR were changed from 376 to 376D (gang-rape), while the other sections remained the same. The two minor boys were apprehended by the police and presented before the JJB on May 24,” said the SHO.

Arun Gupta, member magistrate of JJB, said, “After the order of the JJB, the juvenile offenders were sent to judicial custody and kept at the observational home facility in Phase-2, Noida.”

He added that the next day on May 24, while recording her statement before the magistrate, the victim denied that she was raped. “The victim told the court that her father filed the FIR against the defendants in anger. Further in their statements, the victim’s mother and father also denied that any crime under charges of gang-rape, criminal intimidation or under the Pocso Act has taken place with their daughter. The victim also refused an internal and external medical examination,” said Gupta.

On Tuesday, in a report submitted to principal magistrate, JJB, the investigating officer said, “After the entire investigation...evidence for charges of gang-rape, criminal intimidation and Pocso Act against the three accused have not been found.”

The IO further recommended that the juvenile suspects be released by the JJB and that a complaint under Section 182 (false information) of the CrPC be registered against the girl’s father.

“The two minor boys were acquitted by the JJB and released from the observational home on Tuesday,” said Gupta.

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