Man let off in rape case filed by daughters

Girls withdraw allegations in court

A court here acquitted a man in a rape case filed by his two minor daughters after the duo turned hostile during the trial and claimed that they were “pressurised by the police and an NGO” to lodge a fake compliant against their father, a declared “bad character” of the area.

The daughters, aged 15 and 11, had in 2015 alleged that their father had sexually assaulted them several times in the past two years. They had reiterated their allegations in their statements recorded before a Metropolitan Magistrate.

However, they denied the allegations in the court.

‘Bad character’

“They deposed in favour of the accused by saying that he had not committed any offence of sexual assault upon them. These two witnesses also stated that they were pressurised by the police and an NGO to give a false complaint against their father and to depose against him before the magistrate under Section 164 of CrPC,’’ Additional Sessions Judge A.K. Sarpal said referring to the evidence by the minor girls.

“Both the victims turned totally hostile and exonerated their father from committing any offence against them. Their testimonies revealed that due to some quarrel in the family as well as the fact that the accused was a ‘bad character’ of the area, they were asked to give false complaint and statements so that the accused could be kept in jail for the peace of the family,’’ the Judge said.

The court also let off the two girls for allegedly lying before it as they could not be prosecuted for perjury due to the immunity provided under the Protection of Children from Sexual Offences (POCSO) Act.

‘No perjury’

“No doubt the complaint on which the FIR has been registered is in the handwriting of victim PW2 (the older girl) and both the victims had also given statement under Section 164 of CrPC against the accused from which now they have resiled, but these victims cannot be prosecuted for any perjury due to bar of Section 22 (2) of the POCSO Act. Hence, the accused is hereby acquitted of all the offences which are not proved. He be released from custody, if not wanted in any other case,” the Judge said.

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Printable version | Jun 3, 2020 9:16:48 PM |

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