Thane court acquits man in rape case after woman turns hostile

A Thane court has acquitted a 22-year-old man accused of raping and blackmailing a woman as she turned hostile and admitted to an out-of-court compromise.

Special court judge Dr Anita S Newase, in the judgment on July 21, noted that the prosecution failed to establish the guilt of the accused beyond reasonable doubt. The prosecution alleged that the accused, a resident of Mira Road in Maharashtra’s Thane city, offered a spiked drink to the victim at her residence, rendered her unconscious, and forcibly established physical relations with her between August 2015 and January 2016. He also filmed the act on his mobile phone and repeatedly blackmailed her, threatening to make the video public if she reported the matter, it said.

Following a complaint on March 26, 2016, the police registered a case against the accused under Sections 376 (rape), 328 (causing hurt by means of poison/intoxicant) and 506 (criminal intimidation) of the Indian Penal Code.

During the trial, the prosecution examined two witnesses - the victim and the investigation officer.

However, the victim turned hostile and resiled from her initial statements. She testified that 11 years had passed since the incident and she could not recall the specifics.

The court noted that while the law permits conviction based solely on a victim’s testimony, if credible, the absence of supporting evidence in this case left no ground for conviction. The victim has not given any evidence supportive of the prosecution, and consequently, she was “declared hostile”, it observed.  The court also said the victim denied the fact that the accused gave her an intoxicating substance and forcibly had physical relations with her.

“On the contrary, the victim admitted that an out-of-court compromise has taken place between her and the accused, and she has no grievance against the accused. Upon the admission of this crucial fact, suspicion has arisen regarding the alleged incident,” it said.

“Although the prosecution examined the investigation officer, who is a formal witness, holding the accused guilty solely on the basis of the testimony of a formal witness, when the principal facts are not proved by the victim, would not be justified,” the court said.