In Indore, Madhya Pradesh, the individual charged with kidnapping and rape has been declared not guilty.
Indore (Madhya Pradesh): In a judicial ruling under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, a special court has acquitted an individual of serious charges, including kidnapping, rape, and caste-based atrocity. The verdict was handed down as the prosecution failed to provide sufficient evidence to establish the allegations beyond reasonable doubt.
The case, which was initially registered at the Depalpur police station in July 2018, accused the defendan of kidnapping and raping the prosecutrix under false pretenses of marriage. The complaint also asserted that the accused's family subsequently refused the marriage due to caste disparities, leading to the invocation of sections under the SC/ST Act.
However, during trial proceedings, the special court identified significant discrepancies in the prosecution's testimonies. The prosecutrix, who was over 18 years of age at the time of the incident, was found to have voluntarily left her home in thedead of night while her parents were asleep. WhatsApp exchanges presented in court showed that she had contacted the accused and asked him to come and collect her.
The special court also noted "multiple contradictions" in the prosecutrix's statements recorded at different stages of the investigation and trial, which undermined her credibility. Furthermore, medical evidence did not corroborate the sexual assault allegations, with the Forensic Science Laboratory's report returning negative results, weakening the prosecution's case.
Defense lawyer Shivendra Pandey commented, "The evidence presented fell short of meeting the threshold required for conviction. The court rightly acknowledged the voluntary nature of the prosecutrix's actions and the lack of any substantiating material evidence."
Prosecuting offenses involving kidnapping, rape, and caste-based atrocities under the SC/ST Act faces recurring challenges, as demonstrated by cases like the Indore trial. Systemic, legal, and procedural hurdles have been highlighted, including misuse of the Act, complications in police registration and investigation, legal ambiguities regarding caste status, societal and procedural barriers, and difficulties in linking charges with evidence.
While the SC/ST Act provides strong protections, addressing these systemic challenges is vital for ensuring effective protection and justice for Scheduled Castes and Scheduled Tribes victims.
- Mumbai news: The recurring challenges in prosecuting offenses under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, as seen in the Indore trial, have sparked discussions about systemic, legal, and procedural hurdles.
- General-news: The acquittal of the individual in the Indore case, despite charges of kidnapping, rape, and caste-based atrocity, has brought attention to complications in police registration and investigation, along with difficulties in linking charges with evidence.
- Politics: The Indore trial has fueled debates on the need to address systemic challenges within the SC/ST Act to ensure effective protection and justice for Scheduled Castes and Scheduled Tribes victims, highlighting the importance of overcoming societal and procedural barriers.
