With two contradictory medical reports in the case,a sessions court on Thursday convicted a 27-year-old man for the lesser charge of attempted rape of a mentally and physically challenged girl last year,instead of the rape charge he was booked for by the police.
The RCF police had,in July 2011,arrested a labourer,attempted rape,for having attempted to rape a girl who is mentally challenged,hearing impaired and mute. Dinkar had allegedly tried to rape her along with another friend who managed to escape. The court sentenced Dinkar to three years rigorous imprisonment.
The RCF police said Dinkar and his friend entered the victims house in broad daylight when her parents were out for work and she was alone. Aware that the victim is mentally challenged,the accused tried to rape her. The accused lived a few lanes away from the victims house in Chembur. When the victim raised an alarm,neighbours reached the spot. Both accused,however,managed to flee.
The victim was examined at Nagpada Police Hospital,which said she had been raped. However,in its medical report,the JJ Hospital only pointed out injury to her private parts and concluded that the victim had not been raped.
While Dinkar has been behind bars since his arrest,the police failed to identify the other absconding accused.
The prosecution examined several witnesses,including the victims neighbours.
The victim could not be examined owing to her disability,the police said.
Sessions judge V D Jadhavar commuted the charges to attempt to commit an offence punishable with imprisonment (Section 511 of the IPC). Dinkar was earlier booked on charges of rape and criminal trespass.