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A special court in Mumbai recently acquitted three men of charges of gangrape in a case that it said involved a “love triangle” where the complainant had wanted to avoid any hurdle from the first accused to continue her relationship with another man whom she wished to marry.
A case was filed against the trio after a minor girl complained that she had been sexually assaulted multiple times in 2016-17 with the threat that one of the men had a video recording of the assault and that he would circulate it online. Police failed to prove in the court that any such video existed.
According to the prosecution, the girl was 17 at the time of the first incident. In 2016, when the girl was visiting a friend’s home she was introduced to the then 22-year-old first accused. On November 1, 2016, the girl claimed, the first accused forcibly entered her friend’s home when she was alone there, latched the door and sexually assaulted her.
Later, he allegedly threatened her multiple times saying that he had video-recorded the assault. She claimed that another friend of the accused also raped her and that on one occasion in November 2017, three men raped her by threatening her with the video clip.
She went to police the next day and a medical examination revealed that she had already been pregnant for over a month. Since she was a minor, police also registered a case under the Protection of Children from Sexual Offences Act.
Appearing for the accused, lawyers Prakash Salsingikar and Anjali Patil, submitted that the three were falsely implicated by the girl. They argued that the first accused was previously in a relationship with her and that she was not a minor. It was also argued that the first accused and the girl had ended their relationship after he saw her with another man.
The lawyers claimed that months after the FIR was filed, the girl married the other man and that it had been filed only to ensure that the first accused does not obstruct the marriage.
The lawyers also submitted that while there were five suspects in the case, police had not taken action against the other two, including the man who married the girl later.
They also claimed that police had suppressed the DNA report and forensic reports as the DNA of the foetus had not matched with that any of the three accused.
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