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50-year-old from Mumbai acquitted of rape charges

The prosecution had claimed that the girl had been hospitalised after she consumed phenyl in an attempt to commit suicide after being raped.

mumbai Updated: Apr 13, 2018 23:48 IST
Farhan Shaikh
Farhan Shaikh
Hindustan Times
mumbai,rape,acquital
The court acquitted the accused after the prosecution failed to prove the charge, as well as the claims that the girl was a minor at the time and that she had consumed phenyl.(Representational photo)

A sessions court recently acquitted a 50-year-old man who had been accused of raping a minor relative at her residence in Kandivli (East) in 2015. The prosecution had claimed that the girl had been hospitalised after she consumed phenyl in an attempt to commit suicide after being raped.

However, the court acquitted the accused after the prosecution failed to prove the charge, as well as the claims that the girl was a minor at the time and that she had consumed phenyl. The testimony presented was “not reliable” and “indigestible,” said the court.

He had been adopted by her grandparents, and the girl addressed him as “uncle.” As per the prosecution, he raped her first on March 19, 2015 and then on three more occasions over the next six days. On March 27, she was admitted to the hospital after she consumed phenyl, claimed the prosecution. The first information report (FIR) was lodged the same day.

However, the court held that as per the complainant’s deposition, “there was no bleeding at the time of incident.” The court said it is not believable that rape was committed at her house, in the presence of her aged grandmother and mentally-ill father.

The court also accepted the medical evidence that did not prove rape and the consumption of phenyl.

The court held that the conduct of the complainant was “not natural” as she had not disclosed the incident to her family members until the day the FIR was lodged.

On March 29, 2015, the girl eloped and married. The girl said she was 19 at the time of marriage. Noting her admission, the court held it contrary to her charges under the Protection of Children from Sexual Offences Act which claimed that she was 17 at the time of the incident.

First Published: Apr 13, 2018 23:47 IST