A 24-year-Mumbai city resident who has spent over two years in jail for allegedly repeatedly raping his 16-year-old sister has been acquitted after the minor told the special POCSO court that she had lodged the FIR against him in anger and was tutored by her boyfriend. The girl told the court that she was upset that her brother was always reprimanding her for going out with her boyfriend and for trying to convince her that he may cheat her.
A special court in Dindoshi passed the order last week, acquitting the man on charges of rape and sections of the Protection of Children from Sexual Offences Act.
With the girl turning hostile during her deposition, the court also observed that she may not have supported the prosecution’s case as she was related to the accused. The girl denied the contents of the FIR about sexual assault and also denied that any medical examination was done at the hospital after the FIR was filed.
The girl had initially told the police that the accused had raped her in August 2017 when her mother was on the night shift and her father was away in Bengaluru overseeing the construction of their second home. She said that this was repeated in November 2018 following which she confided in her father.
However, before the court she said, “I lodged this complaint against my brother as he scolded and beat me. I used to roam with my boyfriend so my brother used to shout at me."
Since there was no evidence of any sexual assault found in the case and testimony of the girl, the man was given clean chit by the court.