Mumbai Court Acquits Four Men in 2019 Gang Rape Case Over Evidence Concerns
In a significant ruling, a sessions court in Mumbai has acquitted four men accused of the gang rape of a 20-year-old woman with the mental age of a six-year-old, citing critical flaws in the handling of forensic evidence and procedural failures by the police. The decision, delivered six years after the arrests, highlights a "broken chain of custody" that the judge said could not rule out manipulation of evidence.
Key Issues with Forensic Evidence and Police Procedures
The prosecution had argued that DNA found on recovered condoms matched two of the accused, but the defense countered that the samples were planted. Judge Ashwini D Lokhande pointed to a "suspicious gap" in the evidence handling, noting that the condoms remained "unsealed and unsupervised" for nearly two hours at the police station. This lapse, the judge stated, made the defense's claim plausible that the accused were forcibly asked to masturbate, potentially projecting their semen onto the condoms.
Furthermore, the judge emphasized that the police failed to prove the "foundational fact" that the condoms were wet when seized, undermining the reliability of the evidence. The possibility of evidence manipulation was deemed significant, casting doubt on the entire forensic case.
Procedural Lapses and Witness Problems
The court also criticized the police for not using a special educator or interpreter when recording the statement of the survivor, who has an IQ of 36. This oversight compromised the integrity of her testimony. Additionally, a star witness for the prosecution could not be traced, with records indicating she is missing and a complaint lodged in Bihar. In her absence, the sister of the complainant provided evidence, but the judge dismissed this as "hearsay evidence," further weakening the prosecution's case.
Background of the Case and Medical Evidence
The case originated from an incident on August 20, 2019, in a Mumbai suburb. The informant, who lived with her parents and two sisters with intellectual disabilities, reported her sister missing after she left their flat while the informant and mother were asleep. A neighbor later found the survivor and brought her home around 10:30 PM. The survivor alleged that a neighbor lured her to a secluded area called Khadan Jungle, where he was joined by four others who assaulted her and threatened her life.
However, medical evidence did not support the prosecution's theory of a gang rape. The medical officer found no fresh injuries, bleeding, or abnormalities, leading the judge to conclude that the case was built on "unreliable evidence" and "serious lacuna" on the part of investigators.
Legal Representation and Current Status
Three of the accused were represented by advocate Tripti Shetty, while the fourth was defended by advocate Asif Patel. All four remain in jail, with a fifth accused, a minor, having been tried separately. The acquittal underscores the challenges in prosecuting such cases when evidence handling is flawed and procedural standards are not met.
