Noida: Two Men Acquitted in Decade-Old Rape Case After Complainant Retracts Statement
In a significant legal development, a special Pocso court in Noida acquitted two men from Jewar on Monday, who had been accused of rape a decade ago. The acquittal came after the complainant retracted her initial statement, denying that she was threatened or raped by the accused.
Background of the Case
The case dates back to March 1, 2016, when an FIR was registered at the Jewar police station by a woman. In her complaint, she alleged that two men, identified as Sonu and Zakir, had come to her house the previous night while she was alone. Her parents were next door attending to her ailing grandfather.
According to the initial complaint, Sonu allegedly mixed an intoxicant in milk and forced her to drink it. After she fell into a stupor, Zakir took her to a nearby courtyard and raped her at gunpoint. She raised an alarm, prompting her parents to rush back, and the men fled. The FIR was registered under sections 452 (house trespass), 328 (hurting by poison), 376 (rape), and 506 (criminal intimidation) of the Indian Penal Code.
Retraction and Hostile Witnesses
During the trial, the complainant, who had initially mentioned her age as 16, retracted her statement. She told the court that she was 20 years old at the time of the complaint, making her an adult. She denied being sexually assaulted by the men and claimed that she did not see either man enter her house or mix anything in a glass of milk.
When cross-examined about her statements to the magistrate and police, she stated that she was illiterate and had simply put her thumb impression on a paper without knowing its contents. She acknowledged that the two men were her neighbors but firmly denied any sexual assault.
The prosecution declared her and her father hostile witnesses. Her mother partially supported the prosecution's story but admitted during cross-examination that she did not see Zakir fleeing. She also revealed that there was a criminal case pending in court arising from a quarrel between her husband and Zakir's father a couple of years before the incident, with her husband and brother-in-law named as accused. However, she denied registering a false case out of vengeance.
Court's Observations and Acquittal
Judge Vikas Nagar pointed out that the doctor's report did not confirm sexual assault on the victim. "It is clearly mentioned that no injury was seen on the body of the victim in her internal and external medical examination. Thereby, the alleged offence of rape does not get corroboration," the judge noted.
Based on the evidence and testimonies, the court concluded that it was not proved that the men had committed house trespass, assault, or rape. Noting that the men were already out on bail, Judge Nagar acquitted them of all charges. He ordered them to furnish a personal bond of Rs 50,000 each within a week.
Key Points of the Case
- The complainant retracted her statement, denying rape and citing family enmity.
- Medical evidence did not corroborate the allegations of sexual assault.
- The prosecution's witnesses were declared hostile, weakening the case.
- The court emphasized the lack of proof for house trespass and assault charges.
- The acquittal highlights the importance of credible evidence in Pocso cases.
This case underscores the complexities in legal proceedings involving retracted statements and the critical role of medical and witness evidence in securing convictions. The acquittal serves as a reminder of the judicial system's reliance on substantiated facts over allegations.
