Aishwarya Rathore –
Published on August 27, 2021, at 11:55 IST
A Protection of Children from Sexual Offenses POCSO Court ordered the prosecution to take legal action against a 21-year-old woman and her mother for turning hostile in a Rape case.
The alleged victim, a former State-level throwball player, claimed to be 17 years old when she became pregnant.
The First Information Report (FIR) stated that the accused, who was also a player, brought her to a room where he forced her to have sex. It was alleged to have happened three times.
The FIR further stated that her six-month pregnancy was discovered in June 2019. Her mother brought her to the Police Station and claimed that the accused had raped the minor under the pretence of marriage.
The alleged victim and the accused married in June 2019, four months after the FIR was lodged, and had a daughter together.
The Court stated, “The marriage between the accused and the victim may be the reason because of which they have not supported the prosecution case. But because of their attitude, the backbone of the prosecution case has collapsed.”
During the trial, the woman and her mother became hostile, reversing their prior statements.
The Court held that “Nothing has come on record to prove the guilt of the accused. So, the Court is constrained to conclude that the prosecution has failed to prove beyond reasonable doubt the offence of rape of the victim by the accused.”
The Court lastly observed that the prosecution could not prove that the alleged victim was a minor. Thus, the POCSO accusations were dropped.
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