Maha court acquits rape accused on benefit of doubttext_fields
Thane: A Maharashtra court acquitted two people who were accused of rape and forced abortion. The court in Thane district acquitted them on the benefit of the doubt, PTI reported.
Thane Sessions Judge Dr Rachna R Tehra observed on January 16 that the prosecution failed to prove the charges against the accused beyond a reasonable doubt.
According to the prosecution, one of the accused became friends with the victim in 2009 and raped her multiple times, giving her marriage promises. But the accused married someone else and kept the sexual relations with the victim, and she got pregnant.
When the accused asked the victim to abort the foetus, she refused. But he took her to a doctor under some pretext, and she was forced to undergo medical termination of her pregnancy, the court was informed.
The prosecution said that a 62-year-old man assisted the main accused in getting the woman's abortion done.
However, the defence counsel denied all the charges levelled against the accused.
The judge noted in her order that the prosecutrix and her mother had not supported the case of the prosecution. Therefore, it is not just and proper to keep the matter lingering.
The court said, "There is nothing on record to show the accused made a false promise only to satisfy his lust."
It said that there is no evidence that both the accused threatened the petitioner with dire consequences and that the accused, in furtherance of their common intention with an accused doctor (who later died), caused the miscarriage of the prosecutrix without her consent.
This court concluded that the prosecution failed to bring the accused on the web of the charged offences.
The doctor accused of involvement in the case died during the pendency of the trial. Thus the case against him got abated.