Mumbai: Observing that the mother of a victim of sexual assault definitely had grudges against the suspect, a special court has acquitted a 29-year-old man who was in a live-in with the woman for four years and was booked for sexual assault on her daughter after they parted ways as he refused to marry her.
The court said the evidence on record shows that the relations between the man and the complainant were strained as he was not ready to marry the complainant and was also having an affair with another woman.
Court: Testimony of the daughter is not consistent
It also noted that the testimony of the daughter is not consistent with her statement recorded by the police. It said she had exaggerated about the man threatening to kill her mother by showing a knife if she reveals about the sexual assault. Her statement to the police does not disclose the threat, it said.
Special Judge Priya P Bankar said in the judgment that inconsistencies in the statements of the child and her mother cannot be ignored and create doubt on their veracity. As per the prosecution’s case, the child had called the police by dialling the number 100 after the man sexually harassed her at a public toilet. Thereafter, the mother came to the police station after the child already informed the police of the incident and the former lodged the complaint.
There was an act of sexual assault when the man was living with them too, as per the complaint. The child was frightened and did not report it, she claimed.
The court said it is nowhere explained how she dialled the number, if she had borrowed a mobile phone to dial it or if someone assisted her. Besides, it is difficult to believe, the court said, that a 10-year-old girl will have sufficient maturity to dial 100 to call the police. Definitely, the said instructions were given by the complainant who is the mother of the victim, the order said.
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