LUCKNOW, July 16 -- Observing that it has become "very common" to level serious allegations, including of sexual abuse of children against family members, over petty disputes or to grab their property, the Lucknow bench of the Allahabad high court recently acquitted a man who was accused of raping his minor cousin and was lodged in jail for over nine years. He was convicted by the trial court under Section 376 (rape) of Indian Penal Code (IPC) and provisions of Protection of Children from Sexual Offences (POCSO) Act in 2020. Justice Subhash Vidyarthi acquitted Ram Sanehi of Hardoi district on July 10. Allowing his appeal, the high court set aside the trial court's judgement and directed that he be released forthwith. "The courts cannot shut their eyes to the ground realities apparent from the fact that nowadays, it has become very common to level allegations heinous offences, including rape or sexual abuse of a child by the family members, in petty disputes or to grab property," the court said. The court observed that the accused, Ram Sanehi, languished in jail for more than nine years in a case with no evidence, while his property remained unprotected since he lived alone. Thus, it ordered the police to ensure that he is put in possession of his house. Sanehi, who is in his 50's, was arrested in March 2016 for allegedly raping his minor cousin. He was denied bail during the pendency of trial. He was sentenced to 20 years of imprisonment in 2020. An amicus curiae appointed on his behalf by the high court sought only reduction of sentence. However, the court examined the evidence on merits and found that the medico-legal examination of the victim had not revealed any injuries to the girl. "When a 45-year-old person is accused of raping his minor cousin, the allegations are not supported by the findings of the medico-legal examination report and the prosecution relies upon oral evidence of the victim, her father and mother only and no independent witness is examined, although it is said that several neighbors had gathered at the time of the incident, it becomes necessary to scrutinize the oral evidence carefully," the court said. MANOJ KUMAR SINGH...