She implicated the duo, so that she could get a divorce from her husband
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After spending three years in jail, a man accused of raping his 14-year-old daughter was acquitted, along with his brother, by a special court. During the trial, the court observed that the allegations were made out of revenge by the victim’s mother. She implicated the duo, so that she could get a divorce from her husband.
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On November 15, 2018, a woman registered an FIR against her husband, an auto driver, and his brother, an AC technician, at Shahu Nagar Police Station, Dharavi, for allegedly raping her daughter. The complainant, a mother of three children, including the victim, told the police that her husband and his brother repeatedly sexually assaulted her daughter in her absence. Following her complaint, the police registered a case against both brothers under relevant sections of the Prevention of Children from Sexual Offence (POCSO) Act and arrested them.
During the trial, all the children testified before the court, reiterating that their father and uncle sexually assaulted their sister. Both the accused, however, maintained that they were falsely implicated by the victim’s mother to extort money and file for a divorce.
During the trial, the court observed that the complainant, the victim’s mother, left her house on November 12 and went to her brother’s house in Mira Road, and lodged an FIR three days later on November 15. When cross examined, the complainant couldn’t justify to the court why she left her house leaving behind three children, and why there was a delay in registering the FIR.
Advocate Munira Palanpurwala, who appeared for the accused, pointed out to the court that the complainant wanted a divorce and since the victim’s father was not ready to sign the talaqnama, she lodged an FIR as an afterthought post leaving the house.
Special Judge Priti Kumar (Ghule) concluded that “the victim is under the influence of her mother who has separated from the husband and mother-in-law. The complainant is treating herself as divorced by triple talaq due to which she left the house. It is seen that the overall evidence and the background in which the complaint is lodged is sufficient to infer that the accused are not guilty and entitled for acquittal”.
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