Man accused of raping daughter acquitted

Tribune News Service

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Chandigarh, August 24

A special court has acquitted a man accused of raping his minor daughter after the mother and the victim turned “hostile”.

A case was registered under Section 376 of the IPC and Section 6 of the POCSO Act against the man in January 2016 on the complaint of his wife.

She alleged that her husband raped their daughter when she was away for work. She said she had been living with her husband and three daughters. She worked as a domestic help in houses and her husband is a daily wager. She alleged that on January 19, 2016, when she returned home from work, she found that her husband was not at home. Her 10-year-old eldest daughter- prosecutrix was lying on the ground and told her mother that her father had forced himself upon her. The daughter said when she protested, her father had gagged her.

When her husband came home in the evening, she asked him about this incident. He told her that he had committed a wrong act and she should forgive him. However, he committed the act again the next day when she had gone for work. Then she had approached the police.

The accused as well as the prosecutrix were got medico-legally examined. The ossification test of the prosecutrix was conducted and a CFSL report was obtained. Statements of witnesses under 161 of the CrPC were also recorded and charges were filed. The accused pleaded not guilty and claimed a trial.

When the trial began, the mother and the prosecutrix both turned hostile. The special public prosecutor made a statement that since the main witnesses — prosecutrix and her mother — had failed to support the case of prosecution and turned hostile, no fruitful purpose will be served by examining the remaining witnesses as they were formal in nature.

After hearings the arguments, the court stated that: “In these circumstances, there is no cogent and convincing evidence on record to link the accused persons with the crime. The prosecution has utterly failed to prove the charges against the accused. Resultantly, the accused is acquitted of the charges framed against him.”