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NAGPUR: Refusing to depend on a rape survivor’s testimony, the Nagpur bench of Bombay excessive courtroom on Friday acquitted the accused holding that the survivor’s proof did not encourage confidence.
“Considering the foremost omission concerning rape incident and different uncertain circumstances, within the opinion of this courtroom, the survivor isn’t the foolproof witness. She can’t be relied solely for fixing legal legal responsibility of rape upon the accused,” stated Justice Pushpa Ganediwala.
“The woman’s evidence is only material on the point of incident. In her report, she alleged outraging her modesty, but in evidence before the court, she deposed about rape. She hasn’t given any explanation on why report about rape wasn’t filed initially. Apart from the prosecutrix’s sole testimony, there is no other corroborating evidence to believe her story,” the decide stated whereas quashing the accused’s conviction below Section 376.
“For rape conviction, survivor’s sole testimony is sufficient, however, subject to riders that it must be cogent, consistent, and trustworthy and of sterling quality. This court found substance in probable defence with regard to consensual relations between the duo,” the decide stated, including that the accused should get good thing about doubt.
On Thursday, Justice Ganediwala had reversed the conviction of a 50-year-old man below the Pocso Act, for allegedly molesting a five-year-old lady. She dominated that holding palms of the minor and unzipping his pants in entrance of her can’t be outlined as ‘sexual assault’.
This adopted one other order by her that stated groping breasts with out eradicating a woman’s garments was not a ‘sexual assault’ as there was no skin-to-skin contact. The order was stayed by the Supreme Court following an uproar.
In the rape case, the place she acquitted the accused after refusing to depend on the survivor’s testimony, petitioner Binoy Badal Datta from Gadchiroli was convicted below Sections 376 and 323 of the IPC, and was sentenced to rigorous imprisonment of seven years by the classes’ courtroom in 2015.
The girl claimed within the FIR that she was cooking when Datta bolted the kitchen door, held her palms from behind, made her lie down, pressed her mouth, eliminated her garments and dedicated forcible intercourse together with her.

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