7 years on,HC acquits man convicted for raping teen

The court further said that medical evidence in the case was inconclusive as the accused and the victim were examined one month after the alleged instances of rape. The court held that although the victim was sexually active,there was nothing to indicate forcible sexual intercourse as the medical examination was done about a month after the alleged incident. “The medical report does not show any evidence of injury due to force,” Justice Roshan Dalvi observed. Since the girl was above 16 years,her consent to the alleged sexual act would have to be considered by the court as written in sixth description under section 375 (Rape) of the Indian Penal Code.

The girl’s father had lodged a complaint on September 27,2003,after she went missing from her Dhankawadi home. The father accused his driver,Kharwat,of kidnapping the girl and taking her to Rajasthan to his sister’s house where he illegally confined her. However,Kharwat’s lawyer contended that the girl’s father did not like Kharwat talking to his daughter and slapped false charges on him to teach him a lesson.

The court said that the girl’s father behaved unnaturally. “It is too much of coincidence that his driver asked for leave and his daughter would be missing on the same evening. Yet it did not propel him to take steps immediately but wait until the next day (to file the complaint).”