After 10 years, HC frees main jailed for rape of minor
Bhopal/Jabalpur: A division bench of MP high court has acquitted a man who spent 10 years in jail after being convicted of raping a 12-year-old girl, citing a lack of conclusive evidence and inconsistencies in the prosecution's case.
Rinku alias Ghanshyam, in his revision petition filed in 2015 following conviction by a POCSO court, said the FIR about rape was lodged 10 days after the alleged incident, there was no plausible ground for delay in reporting the incident to police. Besides, he was held guilty and sentenced without a DNA report confirming rape with the minor girl.
It was alleged in the FIR that he dragged the girl to a corner while she was playing the residence of her friend and raped her and when she shouted for help, mother of the girl's friend came there and the accused ran away.
The division bench of justices Atul Sreedharan and Anuradha Shukla, in their order, said the delay in lodging FIR has been explained by the family of the girl stating that they were scared but the girl's mother visited the house of the convict after the incident to express her anger.
"If she were scared, she would not have not done it. The convict didn't threaten the girl at the time of the alleged incident or thereafter. Mother of the girl's friend had seen the incident and a lot of people in the village knew about it.
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There are no injury marks on the body of the girl in the medical report submitted in the court," the order stated.
The girl's father, in his testimony, admitted that he had no information about the incident of rape with his daughter. Mother of the girl and the convict have had a fight over filling water from the public tap. The convict had hit the woman and thrown her utensil brought to fetch water.
The girl's mother has also admitted that the Sarpanch of the village asked her to lodge an FIR against the accused.
An FSL report confirmed presence of sperm in the undergarment of the girl, but police didn't proceed to get DNA profiling done to substantiate the charge of rape on the convict.
Besides, delay in lodging FIR about a crime raises doubts over credibility of the charge. In the absence of credible evidence, the decision of the trial court was set aside and the convict was acquitted, the judges said in the ruling.
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