Bombay High Court Acquits Roshan in Rape Case Due to Inconsistencies in Evidence
Accusation Against Roshan Bandre Overturned: Court Finds Lack of Credible Evidence and Doubts Over Victim's Age
In a landmark judgment delivered by the Bombay High Court, Nagpur Bench, Roshan Bandre has been acquitted of rape charges due to inconsistencies and contradictions in the prosecution's evidence. The appeal, challenging the conviction by the Special Court No.2 (POCSO) in Nagpur, led to a thorough re-evaluation of the evidence presented.
The case, initially brought forward by the victim's mother, alleged that Roshan had kidnapped and sexually assaulted her daughter, Pooja, who was purportedly a minor at the time. The prosecution failed to conclusively prove Pooja's age, a pivotal factor in determining the applicability of the Protection of Children from Sexual Offences Act (POCSO).
Justice Nivedita P. Mehta, presiding over the appeal, scrutinized the discrepancies in the birth certificates presented, which carried conflicting information regarding the victim's age. The Court noted that the names of the victim's parents on the birth certificate did not align with the actual names, further compromising its credibility.
The sole testimony of the victim, which was critical to the prosecution's case, was found to contain significant contradictions. The victim's narrative varied between her initial FIR, her statements recorded under Section 164 Cr.P.C., and her deposition before the Special Court. During cross-examination, new claims emerged, including allegations of being given intoxicating substances by the accused, which were not mentioned in earlier testimonies.
Medical evidence presented also failed to corroborate claims of non-consensual intercourse, showing only signs of recent sexual activity without conclusive indicators of coercion or force. In light of these findings, the Bombay High Court concluded that the prosecution did not prove the charges beyond a reasonable doubt.
The judgment is a reflection of the judiciary's commitment to ensuring that convictions are based on reliable and consistent evidence. Roshan Bandre's acquittal highlights the importance of thorough examination and corroboration in cases involving serious allegations such as rape.
The Court ordered Roshan Bandre to be released immediately and instructed the refund of any fines paid. Additionally, the appointed counsel, Shri Amit M. Balpande, was commended for his representation and instructed to receive fees as per the court rules.
Bottom Line:
Rape case - Acquittal based on inconsistencies and doubts in the prosecution's case regarding the victim's age, lack of credible evidence on absence of consent, and material contradictions in the victim's testimony.
Statutory provision(s):
- - Indian Penal Code, 1860, Section 376
- - Protection of Children from Sexual Offences Act, Section 4
- - Code of Criminal Procedure, Section 164
Roshan v. State of Maharashtra, (Bombay)(Nagpur Bench) : Law Finder Doc Id # 2783382
