Mumbai: A 24-year-old man who has spent more than two years in prison for repeatedly raping his 16-year-old brother has been released after an under-age child told the Special Pocso Court that he had filed a shot into anger taught by his girlfriend.
He told the court that he was annoyed because his brother always reprimanded him because of dating his girlfriend and for trying to convince him that he might cheat him.
With the girl hostile during his deposition, the court observed that he might not support the prosecution case because he was related to the defendant.
“The building of prosecution cases has collapsed because of contradictory and unreliable testimonies from survivors.
Witnesses a person’s prosecution might not support prosecution because the relationship between the girl and the defendant …” said the court.
It shows that during the Plea guarantee the defendant in front of the Bombay High Court too, the family has submitted a written statement that supports his request.
But HC has rejected the guarantee application.
“Survivor informants have not supported their previous statements given by it before the engine investigation.
He returned from his own statement so that I was limited to holding it because of the helpless and unworthy testimony and inadequate evidence, the violation had not been proven against the defendant without a reasonable doubt , “HC said.
The girl initially told the police that the defendant had raped August 2017 when his mother was at the night shift and his father was in Bengaluru.
He said this was repeated in November 2018 after he seized his father.
Allegations that because his parents only rebuked the defendant but did not complain to the police, he went to the police station in February 2019 and a pine was submitted.
The defendant was arrested.
Before the court, he said, “I filed a complaint when my brother beat me.”