Bom HC rejects appeal against rape accused
Mustafa Plumber
The Bombay high court has turned down a plea filed by the state government seeking to challenge an order of acquittal given against an alleged rapist of a mentally challenged girl, holding that the victim filed a delayed complaint with the police and prosecution had not proved the case beyond reasonable doubt.
Division bench of Justices VK Tahilramani and AR Joshi said that there was a delay in filing of the report with the police and so the medical report was not incriminating against the accused. As per the leave to appeal filed by the state government against the accused Gangaram Kadam, he had allegedly raped the 21-year-old in 2008.
The prosecution case stated that on July 17, 2008, around 1pm, the accused had allegedly raped the victim when she was alone at home, threatening her with dire consequences if she confessed. When her parents returned, she told them.
However, the parents lodged a complaint only on July 31 after the investigation was set into motion. The actual FIR was lodged on August 4, five days after reporting to the police. The victim's blood samples, vaginal swab and clothes were sent for medical analysis. However, the chemical analysis (CA) report did not indicate the committing of any offence of forcible intercourse. The accused was arrested two and half years later and his clothes were also sent for chemical analysis but nothing implication or punishment-worthy was obtained under Section 376 of IPC.
The court said, "After going through substantive evidence, there is no probable explanation from the complainant for delay in lodging of complaint. The CA report of the victim's clothes do not indicate any semen findings. Probably, due to a passage of time as the victim's clothes were taken on July 31, 2008. Thus the court dismissed the leave to appeal application."
http://www.dnaindia.com/mumbai/1886030/report-bom-hc-rejects-appeal-against-rape-accused
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