Man accused of raping daughter , acquitted | India News – Times of India

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THANE: A 29-year-old man who was accused of committing sexual assault on a four year old daughter in 2016 was acquitted of all the charges as the complainant who is her mother and child remain untraceable for the trial.
The prosecution said that the accused used to run a laundry in the Vasai area . On Jan 10, 2016, the victim’s mother went to Mira road to reside with her mother, leaving behind the four-year-old daughter.
Around eight days later, she came back to cher house and noticed that the victim was unable to walk properly and that she complained of itching during urination. The mother of the victim thought that there could be some medical ailment with the child. But a few days later, the teacher of the child told the mother that there is a drastic change in the behaviour of the child, she is silent and unable to walk properly. when the victim’s mother told the accused to see the doctor he refused.
The mother of the victim then took her into confidence and asked her what had happened, she narrated the entire episode of sexual assault. Hence a case was registered under various sections of rape under Indian penal code and other sections of POCSO. The accused was subsequently arrested and tried in the court. The accused and the victim’sgot separated after the case was registered, the prosecutor said.
The judge in the order observed, “.. because they were not available at the address and their new address were not known, the summons could not be served and their presence could not be secured. No doubt, in such circumstances, the prosecution cannot be blamed for not examining the prosecutrix (victim) and her mother, but the fact still remains that their testimony is not available, they being crucial and material witnesses to prove the allegations against the accused.”
The judge observed that all other key witnesses testified in the court including the medical officer but no conclusion can be drawn hence he is required to be acquitted.


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