The Bombay High Court has acquits the conviction of a father previously sentenced to a decade in prison for the alleged rape of his 11-year-old daughter in Thane.
The Bombay High Court has acquits the conviction of a father previously sentenced to a decade in prison for the alleged rape of his 11-year-old daughter in Thane. This case, which has garnered considerable attention, highlights the complexities and challenges in legal battles involving family disputes and allegations of sexual assault.
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The father, who is the appellant, brought his case before Justice KC Sant. It came to light that there were issues within the family, and the defense argued that the mother, driven by resentment over the father’s third marriage and a disagreement about adopting their daughter, falsely accused him of the crime. The accused’s lawyer, Advocate Janhavi Karnik, presented this perspective through legal aid, suggesting that the mother used the accusation as a tool for revenge.
The prosecution’s case was based on an incident reported in April 2016, where the mother accused the father of fleeing after committing the assault. However, the complaint was not registered immediately, and the FIR was filed only upon the father’s return in June. This delay in filing the FIR was a critical point of contention in the appeal.
Justice Sant’s bench meticulously examined the evidence, finding several inconsistencies and procedural lapses. The court noted the problematic nature of the delayed FIR registration, stating, “This court finds it difficult to accept this story.” The mother’s cross-examination revealed conflicts over the adoption issue and the accused’s third marriage, further complicating the narrative.
The medical evidence presented in the case was also scrutinized. The court observed that the hymen showed an old tear and there were no external injuries. Additionally, the mother’s claim of burning the daughter’s clothes eliminated any potential circumstantial evidence from the Chemical Analyzer.
Advocate Karnik emphasized the victim’s inability to provide specific dates in her statement, which was recorded four years after the alleged incident. This gap, along with other procedural lapses, played a significant role in the court’s decision.
Ultimately, the bench concluded that the only evidence presented was the oral testimony of the witnesses, which did not inspire confidence.
The court noted,
“There is no evidence on any of the points except oral testimony of the witnesses. The testimony of the witnesses does not inspire confidence, looking to the fact that there is a reason to falsely implicate the accused.”
The bench also found the conduct of the victim and her mother to be suspicious, especially considering the delayed FIR in a sensitive case under the Protection of Children from Sexual Offences (POCSO) Act.
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This highlighted the importance of thorough and unbiased examination in cases of sexual assault, especially when familial disputes and potential false accusations are involved. The Bombay High Court’s decision to acquit the father highlights the complexities of legal battles in such sensitive cases and the need for meticulous scrutiny of all evidence presented.
