Innocent till proven guilty is mere a phrase and holds no importance in current times. A case has been reported from Mumbai, a 37-year-old man who spent three years in jail after being accused of repeatedly raping the 14-year-old daughter.
A special POCSO court acquitted the man observing that the statements of the alleged victim and her mother were “unbelievable”.
The accused was living with the family of the complainant for over eight years. The accused stated that he was falsely accused by the woman as she did not like that he was strict and forced to discipline in the household.
The third incident of rape happened in 2017 when the mother was away, initially, her mother did not believe her. The FIR was registered in 2018.
In the background of contradictions and improvement in the prosecution evidence…, the oral evidence of PW (prosecution witness) one (minor) and two (mother) does not inspire confidence. Delay of one year and four months in approaching police after the incident of rape also affects the credibility of the evidence of PW one and two,” the court said as published by TOI
In the background of this fact also evidence of PW one and two appear unbelievable,” the court said. The court further said that it was not proved that the girl was a minor. The court said that the girl had not stated her date of birth during her deposition. “PW two who is the victim’s mother has also not given the date of birth of the victim in her oral evThe prosecution section has not filed on record any document regarding the age proof of the victim girl. The prosecution has not brought on record any medical evidence by way of the Ossification Test for proving the age of the victim,” the court said as published by TOI.