HC acquits man convicted of raping teen for want of proof

HC acquits man convicted of raping teen for want of proof

Vaibhav.Ganjapure@timesgroup.com

Nagpur: 04.02.2021

The Nagpur bench of the Bombay high court has acquitted a 27-year-old man convicted of raping a 17-year-old girl multiple times over two months, citing the prosecution’s failure to produce conclusive evidence of sexual assault and its link to the survivor’s subsequent pregnancy.

“Except the survivor’s statement with regard to sexual intercourse at the house of the accused’s sister, there’s absolutely nothing supporting the prosecution’s contention of rape. Only on the basis of allegations of sexual intercourse on many occasions, it would be highly irrational to convict the accused of rape and sentence him to 10 years’ imprisonment,” Justice Pushpa Ganediwala ruled.

According to the judge, a survivor’s testimony alone was sufficient for conviction, provided it “inspires confidence” in the court.

“Given the facts and circumstances, this court is of the opinion that the prosecution couldn’t establish beyond reasonable doubt the offence of rape against the accused,” Justice Ganediwala said.

The Hinganghat sessions court in Wardha had convicted and sentenced petitioner Jageshwar Kawle under Section 376(2)(n) of the IPC (repeated rape) and sections 5 and 6 of the Pocso Act (aggravated penetrative sexual assault on a minor).

Justice Pushpa Ganediwala said that the prosecution couldn’t establish beyond reasonable doubt the offence of rape against the accused