The Thane sessions court on Sunday acquitted two persons accused in a case of rape of a woman and forced abortion in 2009.
Dr Rachna R Tehra, Thane Sessions Judge in her order on January 16, pronounced that the prosecution failed to prove the charges against the suspects beyond reasonable doubt and the reason they need to be acquitted.
A copy of the order was made available on Saturday.
Details of the case
The prosecution told the court that one of the accused, aged 47, befriended the victim in 2009 and raped her on several occasions in Bhiwandi and Kalyan towns under the pretext of marrying her. He later got married, but still maintained sexual relations with the victim, as a result of which she became pregnant.
The prosecution further said, “The accused then asked the victim to abort the foetus. When she refused, he took her to a doctor under some pretext where she was forced to undergo abortion. A 62-year-old man had assisted the main suspect in getting the woman’s abortion done.”
The defence counsel contested the case and denied all the charges levied on the suspects.
The judge, in her order said, the victim and her mother did not support the case of the prosecution. Therefore, it is not just and proper to keep the matter lingering.
“There is nothing on record to show the suspect made a false promise only to satisfy his lust,” the court said.
Lack of evidence
Further, there is no evidence that both the suspects threatened the prosecutrix with dire consequences and that they in furtherance of their common intention with an accused doctor (who later died) caused a miscarriage of the prosecutrix without her consent, it said.
Therefore, the above details show the prosecution failed to bring the accused into the web of the charged offences, the court said.
The doctor accused in the case died during the pendency of the trial and hence the case against him was abated.
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