Defense Lawyer Amit Nalavade

A SPECIAL childrens’ court in Mumbai on Tuesday acquitted a 27-year-old man in two cases of rape with 12-year-old girls.

Special judge in City Civil Session Court Surekha Patil acquitted Balu alias Pravin Ramesh Kadam in the cases. He had already spent four years in jail.

According to police Balu was working as mineral water delivery boy. In 2013, Worli police arrested him for allegedly (molesting or raping) two minor girls. An offence was registered at Worli police station against him under sections 4, 8, of the protection of children from sexual offences act 2012, r/w 376 (1), 506 (2) of Indian Penal Code (IPC).

Police said that there was a quarrel between Balu’s wife and the girls’ mother. The latter had filed a complaint of rape against Balu and same day another neighbor also registered FIR complaining of rape against Balu. He was arrested same day.

During cross examination of complainant and witness defense lawyer Amit A. Nalawade proved that Balu was not at the spot when the incidence happened. Eyewitness (a girl) got hostile and refused that she was herself was not present at the spot. The second complainants also got hostile claiming that she registered FIR after she was forced by first complainant to implicate Balu. There was no medical evidence available with police indicating rape. Also, the girls’ statement was not recorded under section 164 of CrPC as per the procedure.

On hearing argument of Nalawade the court observed that the complainant’s version was unreliable and untrustworthy.

“Version of the prosecution is unreliable and untrustworthy, benefit of which is to be given to the accused,” the judge said.

A visibly relieved Nalawade said the case was challenging for him as one of the victim claimed in witness box that she was raped.

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