Three acquitted in minor’s rape case

Shyam’s lawyer Naveen Chomal said the court inferred that the victim,whom the prosecution claimed was minor,was 19 years old and the alleged sexual intercourse with more than one accused over a period of time was not forced.

According to prosecution,the 15-year-old girl was raped by four to five men,including Borude,on several occasions between February and March 2010 in a flat in the Emerald Court building in Andheri (East). Borude lived in an adjacent flat along with his family. The alleged crime was,however,reported in November 2010 after the girl gave birth to a child. A DNA test revealed that Shyam was the father.

“The court said even if the test result showed that Shyam was the father of the child,there was no rape and the girl had consented to the sexual intercourse,” Chomal said. The court said the girl is not a “victim” of rape and isn’t entitled to seek any compensation.

Chomal also said there were “atrocious discrepancies” in the FIR and the testimonies of the girl and her mother.

The prosecution examined 11 witnesses in the case,including the alleged victim,her mother,police officers,the social worker who informed the police,and the DNA expert.

Borude had been absconding after the FIR was filed on November 1,2010. His body was found near a railway track in Shrirampur in his home district of Ahmednagar on December 29,2010,with the police stating that they had conclusively ascertained that he had committed suicide by jumping before a train.

While Shyam and Gaikwad have been in custody since their arrest in November 2010,Gupta was the only accused released on bail.