Man acquitted of raping niece (3) as her parents didn’t support state’s case

Pune: A special Pocso court on Wednesday acquitted a man (34) earlier accused of raping his three-year-old niece in Chinchwad on Feb 25, 2021. It said medical opinion alone could not prove who had committed an act and under what circumstances.Special judge SS Nair based her ruling on the fact the survivor's mother, who had lodged the complaint, and father "failed to give consistent or convincing evidence". Also, there were too many lapses in the process of forensic evidence collection.The judge said the medical officer had given a positive opinion regarding the injuries on the survivor, showing that the incident had occurred. However, it was not enough to prove who had committed the act and under what circumstances.On forensic evidence, the judge said, "The chemical analyst's report shows presence of stains on the clothes of both the victim and the accused. This could have been important evidence. There were serious lapses in the procedure of collection of samples on Feb 25, 2021 and the same were sent to the chemical analyst only after two months. There is no evidence to show that the samples were preserved properly during the period, raising doubts about reliability. Improper handling or delayed submission could easily affect the test results, making it questionable as evidence."Among other witnesses, only one of the panchas confirmed the seizure of clothes and the spot. The remaining witnesses either did not support the case or did not provide substantive information."The prosecution must establish the guilt of the accused clearly and convincingly beyond reasonable doubt. In this case, considering the lack of testimony from the informant and family members, and doubts about the preservation of forensic samples, the evidence is insufficient to connect the accused with the crime," the judge said. The charges against the accused cannot be proven in the light of these facts, she added.