Daijiworld Media Network - Mumbai

Mumbai, Apr 26: A special court under the Protection of Children from Sexual Offences Act (POCSO) has acquitted a 35-year-old man accused of gang rape, highlighting inconsistencies in medical evidence and delays in filing the complaint. The accused had spent 12 years in custody during the course of the trial.

Presiding judge N D Khose noted that the prosecution failed to conclusively establish the victim’s age. While one document suggested a birth date of March 4, 2003, medical records indicated May 4, 1993. The court observed that without verification from the issuing authority, the younger age could not be accepted with certainty.

Medical findings also did not support claims of repeated sexual assault. The examining doctor testified that although the victim’s hymen was ruptured, such a condition could result from non-sexual causes, and it was not possible to determine when or how the rupture occurred. The judge emphasized that this alone could not be taken as proof of sexual intercourse, particularly in the absence of injuries or forensic evidence.

The court further questioned the credibility of the case due to a two-day delay in lodging the FIR, which remained unexplained. It remarked that such delays can raise doubts about whether the complaint was filed as an afterthought. Testimony from the victim’s mother revealed that neighbours had encouraged her to approach the police, adding to concerns about the spontaneity of the complaint.

In its conclusion, the court stated that the prosecution had not proven the charges beyond reasonable doubt. The case had alleged that the victim was assaulted multiple times over a month in 2014 at a residence in Dahisar East. According to the complaint, the issue came to light after the girl reported abdominal pain, and was later found at the accused’s residence.

She had alleged that she was threatened and shown explicit content before being assaulted by the accused and others.
Given the lack of consistent evidence and gaps in the investigation, the court ruled in favour of acquittal.