Mumbai: Sessions Court Acquits 50-Year-Old Man Of Rape Charges After 4 Years In Jail, Citing Lack Of Evidence And External Injuries

Mumbai: The sessions court has acquitted a 50-year-old man of rape charges after four years of incarceration, observing that the purported victim neither had any external injuries nor showed any sign of resistance.

The complainant was 25 years old with three kids when the alleged incident took place on October 9, 2020. She claimed to be alone at home with her kids when the man, who worked as a ward boy then, allegedly barged in and raped her. She said her husband had left in a huff after a fight and her brother, who resided with them, was attending the neighbour’s daughter’s wedding.

She said she went to her landlord after the incident to narrate the ordeal, and later to her younger sister. A case was lodged the next day.

The prosecution examined six witnesses, including a doctor who had examined the victim and found no external or internal injuries. The court, however, noted that as the complainant was married, the absence of internal injuries does not negate the incident. “If there was any struggle, the external injury marks are bound to be there; on the aggressor as well as the victim. The complainant’s limbs were unbound; thus, she was in a position of resistance.”

Referring to the nail clippings of the complainant, the court said no tissues were found there as well. “The complainant resides in a slum, and in case of any incident a large crowd gathers. The complainant also did not make any noise; even after the incident there was no hue and cry,” the court observed while acquitting the man. The court further said that the theory was not supported by the neighbour, who denied any wedding in the family.