As Indians are amidst debating on bringing in a new law that will criminalise Marital Sex as Rape, solely on word of the wife, one cannot overlook how our system has endless flaws through the process of arresting any man accused of rape. 

One such case has been reported from Chandigarh, where a young man who was arrested for raping a minor girl, has been acquitted after he spent 3-years in jail. 

Case:

In 2018, a minor girl had alleged that the accused man living in her vicinity raped her many times and subsequently she got pregnant. The police registered a case against the accused for the offences punishable under:

• Section 376
• Section 506

…of the IPC

and

• Section 6 of the POCSO Act

 

on a complaint by the minor pregnant girl who was then admitted to the Government Multi-speciality Hospital, Sector 16, Chandigarh.

The alleged victim told court that she did not disclose his act to anyone earlier, as she was threatened by the accused. Finding a prima facie case, the court framed charges against the man, to which he pleaded not guilty and claimed trial.

POCSO Court, Chandigarh

Nearly three years after the local police arrested the man in the alleged rape case of a minor girl, a local court has now acquitted him as the prosecution failed to prove charges. 

Yadvinder Singh Sandhu, counsel for the accused, argued before the court that the accused was falsely implicated in the case. Sandhu also argued before the court that the DNA sample of the victim’s child did not match with that of the accused. The counsel alleged that the victim was trying to falsely implicate the accused to save someone.

Sandhu also argued that the DNA samples were obtained twice, but did not match. He said there were contradictions in the statements of the victim also before the court. After hearing the arguments, Swati Sehgal, Judge, Fast-Track Court, acquitted the accused.

WATCH: Marital Rape Verdict | Advocate J Sai Deepak | Other Side

MDO Take:

• Should Indians blindly demand for more and more laws, instead of fixing the loopholes in the system?
• Unless you are falsely accused, or are sent to jail in a false case, you will never realise the trauma that one goes through, losing their respect in society
• You will not realise unless your name is splashed in media as a rapist even before a trial begins, on mere allegation of a girl/woman
• While the case above is between two non-related parties, one can only imagine how false rape accusations in Marital Sex cases will emerge
• As a portal that publishes such cases on a daily basis, we urge every single citizen to question these inhuman practices, before falling for paid emotional campaigns
• Today, you may not be impacted, but once a law is framed, any of your male family members could be prey to such acts
• Lastly, there is no punishment for women who give false statements at court (at least in practice) 
• All that a man gets in the end, is acquittal

 

No DNA Match; Man Acquitted In Rape Case After Spending 3-Years In Jail On Charges Of #POCSO

▪️Counsel alleged that minor girl, who was pregnant, was trying to falsely implicate accused to save someone else#GenderBiasedLaws #SpeakUpMen #MaritalRapehttps://t.co/uMDBcaoRL1

— Men’s Day Out (@MensDayOutIndia) May 18, 2022

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