Rape case falls apart after 25 years as victim fails to identify accused
Chandigarh, May 15 -- Twelve witnesses took the stand, medical records confirmed the rape - but 25 years later, justice slipped away when the complainant, then a minor and now 36 years old, could no longer recognise the accused, who landed behind the bars only 22 years after the alleged crime.
The case, dating back to October 2000, involved the kidnapping and rape of an 11-year-old girl from Chandigarh's Industrial Area. The crime was confirmed through medical examination.
But the long arm of law could not catch the accused, Mukesh, for over two decades.
Arrested in 2022, Mukesh finally faced trial - but gapsin evidence, prosecution'sfailure to establish her age at the time of crime and the victim turning hostile, after failure to identify him, ultimately led to his acquittal.
The special court of judge Yashika, dealing with POCSO and rape cases, set free the accused who was facing charges under Sections 363, 366 and 376 of the Indian Penal Code.
As per case files, on October 20, 2000, a labourer, who lived in temporary jhuggis in Industrial Area, Phase 1, complained to the police that his 11-year-old daughter was missing.
He complained that a boy named Mukesh, who worked with him, had also been missing. He suspected Mukesh of kidnapping his daughter.
Over 20 days later, the girl was rescued from Firozabad in Uttar Pradesh on November 11, 2000. Medical examination confirmed that she was raped.
However, Mukesh remained at large, following which he was declared a proclaimed offender on October 10, 2001, by the court of then chief judicial magistrate, Chandigarh.
More than 22 years after the commission of offence, the accused was finally arrested on November 11, 2022, and produced in court. His medical examination was conducted and blood samples were taken. Police filed a chargesheet in the case in July 2023 and subsequently on August 5, 2023, a court framed charges against the accused, paving the way for a rape trial.
The prosecution examined as many as 12 witnesses in court, including the girl, her father and police officers, including a retired inspector. But the doctors who conducted medical examination of the victim in 2000 had retired and could not be traced.
Police proved the medical evidence in form of documents in court with the help of current doctors who deposed that the documents were correct.
The girl, now a mother of three, told the court that she was working as a housemaid. She had gotten married around 19-20 years back and her eldest child was 18. She told the court that at the time of incident, she was 11-12 years old, and now did not remember the name of the accused, causing the case to crumble....
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