Calcutta High Court HIGH COURT,KOLKATA.
The division bench, after examining the evidence, found several circumstances that gave rise to doubt in the victim’s narration. It was noted that she did not disclose the alleged assaults to her mother, sister, relatives or doctors during the entire period.
Further, the age of the girl, stated to be 15-16 years, indicates a level of maturity,” the bench held. Because he was paying the first wife from the funds generated from the hotel he runs in the city, it was also noted that there was evidence on record of discord between the father and the second wife, supposedly. You Can Also Check: Gold Rate in Kolkata | Silver Rate in Kolkata | Bank Holidays in Kolkata | Public Holidays in Kolkata | Kolkata AQI | Weather in Kolkata | Petrol Price in Kolkata | Diesel Price in Kolkata | CNG Price in Kolkata | LPG Price in Kolkata Stay updated with the latest Kolkata news.
“This financial dispute and domestic discord furnished a probable motive for false implication. The record further indicates visit and intimacy between the girl and her stepbrother. Download the TOI App.
A father, resident of Tala in Kolkata, was accused by his 16-year-old daughter from his second marriage of sexual assault spanning over months in Oct 2018. The father was convicted by a fast-track court in Feb 2019 on rape charges. the bench held that they could not identify the perpetrator While medical reports confirmed pregnancy and signs of sexual intercourse.
Kolkata: Nearly seven years after the case began, the Calcutta High Court on July 8 acquitted a father accused of raping his minor daughter, holding that the prosecution failed to prove the charges beyond reasonable doubt and that “moral conviction cannot replace legal proof”. Though the bench clarified that delayed disclosure in sexual offence cases by itself is not fatal to the prosecution’s case, it observed that it needs to be examined whether the explanation for silence is “credible”. This accusation came when she was admitted at RG Kar Medical College and Hospital with severe abdominal pain and the doctors realised that she had an ectopic pregnancy that required immediate surgery. The division bench of Justice Rajasekhar Mantha and Justice Smita Das De set aside the conviction, stating: “In criminal jurisprudence, whenever two views are reasonably possible from the evidence on record, the view favourable to the accused must prevail. The bench found that no DNA profiling or comparable forensic examination was brought on record. The potency report merely indicated that the father was capable of sexual intercourse. “Potency is merely evidence of capability and not evidence of commission. Such evidence does not advance the prosecution case in any significant manner,” the bench held. Furthermore, it was found that the prosecution could not prove that it was the father responsible for the pregnancy. It also noted the absence of DNA or other scientific evidence linking the accused to the pregnancy.