Porbandar district public prosecutor Sudhirsinh B Jethwa submitted a total of 48 documentary evidence and examined a total of 18 witnesses during the trial on behalf of the State. (File Photo)
In a rare case wherein parents whose daughter survived rape now face criminal proceedings for perjury, a Porbandar court has ordered legal proceedings against the complainant in a case of rape with a minor girl in the same order in which the accused rapist was convicted and sentenced to life imprisonment.
Porbandar’s additional district and sessions judge (special POCSO judge) PH Sharma, after considering the oral and documentary evidence presented by the prosecution as well as the arguments presented by both the parties, convicted and sentenced the rape accused to rigorous imprisonment for life and a fine of Rs 2.47 lakh, said the Porbandar police.
Speaking to the Indian Express, Deputy SP Surjeet Mahedu, the investigation officer in the case, said, “The complainant and his wife (mother of the victim) were declared hostile witnesses by the government prosecutor during their testimony before the court. Taking this into consideration, the Special POCSO Court ordered action against the complainant and his wife under CrPC section 344 (perjury).”
The incident dates to October 6, 2023. The survivor and her friend were walking to their tuition class in Porbandar when the accused offered the two a ride to a hospital where, he claimed, the survivor’s mother was admitted after falling sick. The survivor, who was a minor then and hails from a Scheduled Caste community, and the convict knew each other from before.
According to the police, the accused was driving the two out of town when the two girls protested. He threatened them to comply with him and claimed that he had a knife on him.
According to the police, the man took the minor girl to a secluded location on the outskirts of the town and forced her to engage in sexual relations with him.
Mahedu said the rape survivor’s friend, who was made to sit at a place, escaped and brought back with her some help. However, the accused managed to avoid being caught and escaped.
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The locals then informed the girl’s family and the police about the incident. The deputy SP said evidence recovered from the crime scene helped them nail the accused, who was arrested later.
Since the survivor already knew the man, the latter was booked by his name under the IPC section for rape, and under the relevant sections of the Protection of Children from Sexual Offences (POSCO) Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. One of his friends was booked for helping him escape.
A chargesheet was filed within the 90-day timeframe. However, the trial only began in May 2025, said police officials.
Porbandar district public prosecutor Sudhirsinh B Jethwa submitted a total of 48 documentary evidence and examined a total of 18 witnesses during the trial on behalf of the State.
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“The friend of the victim gave her full testimony to the court,” said DySP Mahedu. However, when the court examined the survivor and her mother, they allegedly turned hostile. “However, in spite of the complainant turning hostile, the court decided the case on the evidence and merits, leading to the conviction and sentencing of the accused,” added DySP Mahedu.
Brendan Dabhi works with The Indian Express, focusing his comprehensive reporting primarily on Gujarat. He covers the region's most critical social, legal, and administrative sectors, notably specializing at the intersection of health, social justice, and disasters.
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Health and Public Policy: He has deep expertise in healthcare issues, including rare diseases, Antimicrobial Resistance (AMR), the complex logistics of organ transplants, and public health challenges like drug-resistant TB and heat health surveillance. His on-ground reporting during the COVID-19 pandemic and Mucormycosis was critical in exposing healthcare challenges faced by marginalized communities in Gujarat.
Social Justice and Legal Administration: He reports on the functioning of the legal and police system, including the impact of judicial philosophy, forensics and crucial administrative reforms (. He covers major surveillance and crackdown exercises by the Gujarat police and security on the international border.
Disaster and Crisis Management: His work closely tracks how government and civic bodies respond to large-scale crises, providing essential coverage on the human and administrative fallout of disasters including cyclones, floods, conflict, major fires and reported extensively on the AI 171 crash in Ahmedabad.
Civic Infrastructure and Governance: Provides timely reports on critical civic failures, including large scale infrastructure projects by the railways and civic bodies, as well as the enforcement of municipal regulations and their impact on residents and heritage. ... Read More
