A 24-year-old man accused of sister’s Rape was cleared of all charges by a special court after the sister testified that she filed the complaint as he had scolded and assaulted her for going out with her boyfriend.
A special court in Dindoshi passed the order last week, acquitting him from charges of Rape and sections of the POCSO Act.
The FIR was filed in 2019. She claimed her brother sexually assaulted her when her parents weren’t home. The court heard depositions of two witnesses, including the girl and an investigating officer.
The girl told the court she had filed the complaint as her brother scolded her and hit her for going out with her boyfriend, according to her statement. She denied the matters of sexual assault from the FIR. She also denied any medical examination being done at the hospital after the FIR was filed.
There’s no evidence to prove that girl was a minor when the incident took place. Her testimony was not trustworthy as it had contradictions and omissions, said the court.
“PW 1 (Girl) might not have supported the prosecution case because of the inter se relationship between the victim and the accused… she has resiled from her own statement so I am constrained to hold that because of the contradictory, unbelievable testimony of the victim and insufficient evidence, the offence… have not been proved against the accused,” said the court.
