Saying that gagging a girl, denuding her and himself, and then raping her at the same time is not possible for a single man, the Bombay High Court recently acquitted a 26-year-old man from a rape case. The HC further noted that there were no signs of a scuffle between the victim and the accused and thus acquitted him.
A bench of Justice Pushpa Ganediwala said, "A perusal of the testimony of the victim, does not inspire the confidence of the Court as the incident, as narrated, does not appeal to the reason as it is against the natural human conduct."
"Undisputedly, the accused is the neighbour of the victim. It seems highly impossible for a single man to gag the mouth of the victim and remove her clothes and his clothes and to perform the forcible sexual act, without any scuffle," the judge added.
The judge further said that as alleged by the victim, the rape must have been forcible intercourse but the medical evidence did not support her contention.
"Had it been a case of forcible intercourse, there would have been a scuffle between the parties. In the medical report, no injuries of a scuffle could be seen. The defence of consensual physical relations does appear probable," the judge noted.
The judge further took into account the girl's statement, wherein she had stated that she wouldn't have had filed the FIR if her mother did not enter the house.
The case pertained to an appeal filed by a man challenging his conviction and rape charge. The girl claimed that the accused trespassed her house, gagged her mouth, removed her clothes and even his at the same time, and committed forcible sexual intercourse with her. She said that the accused fled from her house after her mother entered the room.