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Sunday, September 19, 2021

Mumbai: Jailed for 2 years, man acquitted after sister retracts sexual assault charge

The sister testified that she had filed the complaint as her brother had scolded and assaulted her for going out with her boyfriend.

By: Express News Service | Mumbai |
Updated: September 1, 2021 7:45:01 am
The FIR was filed in 2019 after the girl claimed that her brother had sexually assaulted her when their parents not at home. (Representational)

Jailed for over two years, a 24-year-old man accused of raping his sister was cleared of all charges by a special court after the sister testified that she had filed the complaint as he had scolded and assaulted her for going out with her boyfriend.

A special court in Dindoshi passed the order last week, acquitting the man on charges of rape and sections of the Protection of Children from Sexual Offences Act.

The FIR was filed in 2019 after the girl claimed that her brother had sexually assaulted her when their parents not at home. The court heard the deposition of two witnesses, including the girl and the investigating officer.

In her statement, the girl told the court that she had lodged the complaint as her brother had reprimanded and hit her for going out with her boyfriend. She denied the contents of the FIR about sexual assault. She also denied that any medical examination was done at the hospital after the FIR was filed.

The court said there was no evidence produced to show that the girl was a minor in 2018, when the alleged incident took place. The court said the testimony of the girl was not trustworthy as it had contradictions and omissions.

“PW 1 (girl) might not have supported the prosecution case because of interse relation between the victim girl and the accused… she has resiled from her own statement so I am constrained to hold that because of the contradictory, unbelievable testimony of the victim and insufficient evidence, the offence… have not been proved against the accused,” the court said.

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