Mumbai: A sessions court has acquitted a man booked for raping his daughter in law on January 2014, observing that there were material contradictions and infirmities in the testimony of the victim.
About The Case
The case was lodged by the woman with Chunabhatti Police Station,
claiming that on October 30, 2013, all her in-laws had gone to Nashik
but she had stayed back at their house in Kurla. The woman claimed
that on November 1, 2013, her father in law returned, while the others
were still at Nashik.
The woman claimed that, on that day, at around 1 pm, while kids were
playing outside, he approached her asking for physical relation. The
woman claimed that even when she resisted him, he forced her and raped
her. The woman alleged that the accused repeated this even on the next
day.
After some days of the incident, the woman went to her parents' place
at Surat for the engagement of her brother, but she did not tell
anyone about the incident. She however, refused to return to Mumbai.
When confronted by parents, the woman initially did not reveal
anything but later after some days, when her mother asked her, she
told her mother that her father- in - law had raped her. Her parents
hence lodged the case against the father-in-law on January 24, 2014.
The defence lawyer Tariq Khan had contended that there was a delay in
filing the FIR, which has not been explained by the prosecution
satisfactorily. Further, from the cross-examination of the informant,
it can be gathered that, she was not able to recollect the date of
incident and therefore, her testimony is not reliable, the defence
contended.
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Further, it was contended that she did not disclose the incident to
her relatives, which indicates that the conduct of the informant was
not natural and there was no reason for her not to have disclosed the
incident to her close relatives including her husband. It was also
argued that the place where the incident is said to have taken place
is a crowded area, therefore, it is highly improbable to believe that
the incident took place in such an area.
The court accepted the defence contention and held that the testimony
of the victim was not trustworthy and reliable.
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