THANE: The Thane sessions court acquitted a 31-year-old man accused of raping his 13-year-old stepdaughter as the prosecution failed to prove the charges.
In his order the special POCSO judge, SP Gondhalekar held that the prosecution has failed to prove the charges leveled against the accused who needs to be given the benefit of doubts and set free. Advocate Satish Mistry appeared for the accused.
The prosecutor told the court that the accused was married to the mother of the victim some one and half years back after the death of her first husband. They got married in Hubli of West Bengal.
After the marriage the couple came to stay at Reti Bunder Mumbra and the accused sent the grandmother of the victim to her hometown and her mother to work as maid servant. When the victim was alone at home the accused repeatedly raped her and the court was told. It was also alleged that the accused gave threats to the victim not to disclose anything to anyone else he would kill her and her mother. Prior to returning to Mumbra the family moved from place to place and resided at Vashi, Dombivli and Kalyan where the accused repeatedly raped the girl.
It was on March 03,2016 the victim complained of not feeling well and was taken to a doctor by the accused and it was revealed that she was pregnant for six months. The victim was taken to the house of one of the acquaintances of the accused and asked to stay there where the entire episode opened up and the police complaint followed.
The defence counsel, Satish Mistry punched out several holes in the prosecution’s case. The judge after hearing both the sides, pointed out several discrepancies in the case and acquitted the accused on the charges of under the Protection of Children from Sexual Offences (POCSO) and other sections of IPC.
(The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)
In his order the special POCSO judge, SP Gondhalekar held that the prosecution has failed to prove the charges leveled against the accused who needs to be given the benefit of doubts and set free. Advocate Satish Mistry appeared for the accused.
The prosecutor told the court that the accused was married to the mother of the victim some one and half years back after the death of her first husband. They got married in Hubli of West Bengal.
After the marriage the couple came to stay at Reti Bunder Mumbra and the accused sent the grandmother of the victim to her hometown and her mother to work as maid servant. When the victim was alone at home the accused repeatedly raped her and the court was told. It was also alleged that the accused gave threats to the victim not to disclose anything to anyone else he would kill her and her mother. Prior to returning to Mumbra the family moved from place to place and resided at Vashi, Dombivli and Kalyan where the accused repeatedly raped the girl.
It was on March 03,2016 the victim complained of not feeling well and was taken to a doctor by the accused and it was revealed that she was pregnant for six months. The victim was taken to the house of one of the acquaintances of the accused and asked to stay there where the entire episode opened up and the police complaint followed.
The defence counsel, Satish Mistry punched out several holes in the prosecution’s case. The judge after hearing both the sides, pointed out several discrepancies in the case and acquitted the accused on the charges of under the Protection of Children from Sexual Offences (POCSO) and other sections of IPC.
(The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)
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