Man acquitted in 2013 kidnapping and rape case
Thane, Nov 18 A fast-track court at Kalyan in the district has acquitted a 33-year-old man of the charges of kidnapping and sexually assaulting a 15-year-old girl in a 2013 case, as the prosecution failed to examine her and establish that she was a minor at the time.
V A Patravale, special judge for the Protection of Children from Sexual Offences Act, acquitted Ritesh Ghanshyam Rohidas on November 3.
The girl's father had approached the police in 2013 claiming that she had been kidnapped and a ransom of Rs 15,000 had been demanded.
The accused was later apprehended from his native place in Uttar Pradesh and girl was rescued.
But the court pointed out several deficiencies in the prosecution's case. While the girl's father claimed she was 15 years old, he failed to state her date of birth, and the prosecution did not produce any document to prove that she was a minor.
Further, the girl herself was never examined, which proved fatal to the prosecution's case, the court said.
"The material witness would be the victim herself. However, she is not examined. Considering the evidence of the prosecution, there is nothing to connect the accused with the alleged crime," it said.
The victim's father told the court that she was married, and refused to bring her to depose, stating that doing so "may destroy her marital life."
The court found the testimony of the informant, the victim's father, to be unreliable and self-contradictory.
Further, there was no forensic evidence to prove that the girl had been sexually assaulted, the court noted, acquitting the accused.
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