Chandigarh, October 12
Swati Sehgal, Judge, Fast-Track Special Court, has acquitted five persons, including the sister and the brother-in-law of the complainant, in an alleged gang-rape case after the prosecution failed to prove charges.
The police had registered an FIR under Sections 376-D, 376(2), 120-B and 506 of the IPC and Sections 4 and 6 of the POCSO Act against the accused on the complaint a 16-year-old girl around three years ago.
As per the prosecution, the victim complained of stomach ache. When she was taken to a government hospital for check-up, she was found pregnant.
In the complaint, the prosecutrix alleged that on May 7, 2019, her brother-not;in-not;law came to her house and took her along on the pretext of taking care of his children. First, he took her to her elder sister’s house in Sector 25. Later, he took her to a hotel in Burail where her sister was also present. The duo went away after leaving her in a room where four persons were already present.
She alleged that the four persons raped her at night. Her brothernot;-in-not;law, who returned to the hotel in the morning, also raped her. Later, he left her at his friend’s house in Ram Darbar where the latter also raped her.
The victim said her brother spotted her while she was going to Sector 19 on May 28, 2019. She was taken back to her home. As she was having pain in her stomach, she was taken to a hospital.
During investigation, the victim’s sister, brother-in-law and other accused were arrested. A person, who was operating the hotel in Burail, where the victim was allegedly gang-raped, was also arrested.
After the completion of investigation, a chargesheet against the accused was presented before the court. Finding a prima facie case, charges were framed against the accused to which they pleaded not guilty.
While the public prosecutor claimed that the prosecution had proved the case, Vivek Kathuria, counsel for one of the accused, denied the charges and said the accused was falsely implicated. Raj Kumar Syal, counsel for other two accused, said the FIR was lodged with a motive to implicate them falsely.
After hearing the arguments, the court acquitted the accused of the charges framed against them.
