The crime against women and children are increasing day by day. The categories of crime against women are also evolving and it becomes difficult to prove it in court with solid evidence. At times when a crime like rape is committed the procedure gone through by the women are so painstaking and unbearable that it becomes difficult for them to appear before the court, and when it is committed against small children it is worst the court finds itself in question whether the testimony given by the child could be taken into consideration.
Recently a special POSCO court in Mumbai acquitted a 24-year-old Nashik resident from the charges of kidnapping and rape and directed his forthwith release from jail, after the prosecutor stated that she never met the accused. The accused in this case was in custody for almost a year based on the allegation of prosecutor that the accused tried to develop sexual relationship with her when she was 17 years old. Although the allegations and the prosecutor statement implicate that the accused of the said offences.
However during deposition when she had attained majority she denied all the allegations in court. According to her she was made to sign on Marathi statement, which was not explained to her. The court held that she was in age of majority and understanding, her evidence did not establish foundational facts and the ingredients of offense are not established, and thus the accused was acquitted and set free.