ACQUITTAL: Two boys, a 10-year-old, other 12 year old, accused of rape, freed

Correspondent

NewsBits.in

Two minor boys who were booked for allegedly raping a six-year-old girl in Gosaiganj in Lucknow district have been acquitted, recently.

It was found that the girl's kin had a previous row with the family of a boy and there were also inconsistencies in the statements apart from lack of proper evidence. The Juvenile Justice Board has ordered to release the boys.

In this case, the girl's family had lodged a complaint that she had gone to the school on July 24, 2023. But when she returned home in the afternoon, she was unable to walk properly and told the family that two boys who also hail from the same area, had raped her in the toilet of the school.

On the basis of the complaint, police had registered case against the two boys. They were also minors. In the statement, one of the boys said that the charge was false and he is innocent, claimed that the other boy's family had a fight with the girl's family and hence they got him implicated.

Both the boys are cousins. The other boy maintained that he considered the girl as his sister and the claims were totally baseless. There were around 16 witnesses from the prosecution including the girl, her family members and other residents.

However, the board observed that the prosecution provided no such document or material evidence that could suggest that the crime had taken place.

Apart from investigators, the doctor's (counsellor's) testimony was also important, especially, the statement that there was no external injury found on the girl's body, no bleeding and that the private parts were not damaged.

The defence held that there was nothing to support the rape charge and no such evidence, hence, the charge was not found true. As medical report suggested that injury or bleeding, the report of swab examinations didn't find any trace of semen, rape could not be proved.

School staff's statement also suggested that there was no evidence of rape. There were inconsistencies in claims of the complainant's family and no such evidence was found that could suggest involvement of boys.

Thus, the Juvenile Justice Board (JJB) ordered that the two boys be discharged. The JJB bench including principal magistrate Shailesh Kumar Singh and the Board member Harendra Nath Mishra, also ordered that the release order be sent to the juvenile home, so that the boys could be released.

Advocate Sheeran Mohiuddin & Advocate Shivam Tripathi, appeared as defence lawyers in this case. The names of the boys have not been mentioned as they are minors and their identities have to be protected.

READ: Juvenile Justice: Law aims to protect minors but process becomes punishment on the ground. LINK