Thane: Acquitting a 31 year old man from Kombadpada of the powerloom town of Bhiwandi in the district of rape charges on girl and giving her threats the district court here vide its recent judgement observed, Only oral testimony of Investigation Officer is not sufficient to hold that accused went to the house of complainant and raped her, as alleged, the district Judge Mrs. SA Sinha stated in her order on October 10.
The prosecutor told the court that both the victim and the accused Prakash Uchit served with a SIM network service provider shop in the town.
The court was told that it was on the fateful day, March 11, 2016 in the noon the accused went to the house of the victim when she was alone on the pretext of having lunch at her house.
When the victim was still cooking food the accused crashed into the kitchen and dragged her to the bedroom and forcibly raped her and gave her threats not not to inform anyone about the incident.
The victim upon her mother returning home narrated the horrifying incident and her ordeal after which a complaint was filed with the local police who later arrested the accused who is tried under sections 376 and 506 of the IPC and set free now now.
In her order the judge observed," As complainant herself turned hostile, therefore, prosecution has not examined any other witness to prove the panchanama on record. Therefore, spot panchanama and seizure panchanama are not proved before the court. Moreover, no medical officer has been called. Therefore, medical reports of the complainant are also not proved to show that there was a penetrative sexual offence took place with her.
Medical evidence is not supported with the complaint. Only oral testimony of Investigation Officer is not sufficient to hold that accused went at the house of complainant and committed forceful penetrative sexual intercourse with the complainant as alleged. In support of their contention prosecution has not examined any other witnesses such as her mother, sister, brother or anybody on record.
Complainant has not stated a single word against the accused. Therefore, contents of complaint are not proved. Moreover, it is also not proved that, while committing the said act accused threatened to her. She has not uttered any single word before the court for proving the threatening at the hands of accused.
Prosecution miserably failed to prove that, on 11.03.2016 accused went at the house of complainant, threatened her and committed forceful sexual intercourse with her without her consent.
Therefore, I come to the conclusion that, the prosecution has miserably failed to prove the offence under sections 376 and 506 of IPC against the accused. Considering the above said reasons and findings on the points, accused is entitled for clearcut acquittal, the judge noted .(UNI)
