A Thane court in Maharashtra has acquitted a 44-year-old man from charges of allegedly raping a woman in 2017.
District and Additional Sessions Judge A S Pandharikar in his order dated December 9 said the prosecution failed to prove the charges against the accused beyond reasonable doubt, hence he needs to be acquitted.
Case:
The accused was working as a private tutor in Thane, near Mumbai. The prosecution told the court that the alleged victim, who was a housewife in her 20s, had shifted from Jalgaon to her brother-in-law’s house at Kalwa in Maharashtra. She had been married for six-months ago and had moved to the city only two-months prior to the incident as her husband did not have a job.
The woman used to take her brother-in-law’s four-year-old daughter for tuition classes to the accused’s place. On August 12, 2017, when she went to the house of the accused to pick up the child, he allegedly asked her to wait.
After all the other children left, the accused asked the woman to prepare tea for him. When she expressed her inability, the accused dragged her into the kitchen and allegedly raped her, the prosecution told the court.
Thane Court Order
In his order, the judge said the theory put forth by the prosecution seems to be unbelievable as the victim was shouting for help and the incident spot is crowded. The court noted,
In such circumstances, it is unbelievable that no one heard the noise…the manner in which the occurrence is stated is not believable.
Adding further, the court said,
Therefore, based on the facts and circumstances of the case, the solitary version of the prosecution cannot be taken as a gospel truth at face value.
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The judged added,
In the absence of any supporting evidence, there is no scope to come to the conclusion that the prosecution has succeeded in establishing its case.
It will not be out of place to mention here that the forensic science laboratory’s report (in the case) is negative.
According the judge ordered,
- Accused is hereby acquitted for offence punishable under Sec.376 of IPC
- Accused is in jail. He shall be released forthwith if not required in any other case
- Accused shall furnish PB and SB of Rs.15,000/ as per Sec.437(A) of Cr.P.C
CLICK ON THE LINK TO READ FULL ORDER
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