Mumbai Court Acquits Man After Six-Year Incarceration in Minor Rape Case
A special court in Mumbai has acquitted a 35-year-old man who spent more than six years behind bars on charges of kidnapping and raping a minor in 2018. The court ruled that the prosecution failed to provide "trustworthy evidence" to prove the victim was underage and highlighted significant lapses in the handling of DNA samples.
Prosecution's Claims and Court's Findings
The prosecution alleged that the victim was 14 years old at the time and that the man, who was known to her family, took her to Uttar Pradesh, lived with her for months, and impregnated her. However, Special Judge N D Khose noted that the girl gave the "appearance" of being an adult and that the record did not indicate she had been kidnapped.
The court detailed that the two initially lived together for a few days in Mumbai, where she even celebrated her birthday with neighbors, before residing in Prayagraj district, Uttar Pradesh, for approximately five months. It emphasized that no complaint was filed until the girl's father arrived at their house in UP.
"...No endeavour was made by the girl either to shout or to get rescued from the clutches of the accused. If all these attending circumstances are considered, it is hardly difficult to accept that she was kidnapped," stated Judge Khose.
Issues with Age and DNA Evidence
The court found the documentary proof of age—a birth certificate showing her date of birth as April 15, 2004—to be legally insufficient. It was registered only in May 2019, nearly 15 years later and months after she went missing. "The birth certificate... loses its credibility," the judge remarked.
Regarding forensic evidence, the court examined a DNA report indicating that the man and the girl were the biological parents of an aborted foetus. However, it noted critical lapses by police in preserving and forwarding the biological samples.
"There is nothing in the evidence of the investigating officer showing that necessary care was taken during the period when DNA samples of the victim and the foetus were lying at the police station," the court observed.
Records revealed that the samples were kept at the police station for two days before being sent to a laboratory, and the investigating officer admitted ignorance of the required temperature for preservation.
Background of the Case
The girl went missing on November 17, 2018, after leaving her home to use a nearby toilet. The prosecution claimed the suspect, known to the family through business dealings with her father, lured her away after meeting at a fair. He allegedly took her first to a room in Mumbai and later to Madhavpur in Prayagraj district, where they lived together for several months.
After being traced in March 2019, she was rescued and brought back to Mumbai, while the man was arrested on November 24 of that year. The acquittal underscores the importance of robust evidence in legal proceedings, particularly in cases involving serious charges.
