The Bombay high court has quashed and set aside a Baramati special court’s judgment of April 6, 2011that sentenced a man to 10 years’ rigorous imprisonment for raping a 13-year-old girl belonging to a scheduled caste community.
The girl’s family had registered an FIR with the police in November 2009 following which the accused, Hasan Samshuddin Zari, was arrested on charges of rape, kidnapping, criminal intimidation and an offence under the SCST (Prevention of Attrocities) Act.
“Zari (now 41) was tried by the special court which convicted and sentenced him in April 2011. He was then sent to judicial custody and spent more than six years before the high court recently allowed his appeal against the trial court’s judgment. He has since been released from jail,” Zari’s lawyer Gajala Riyaz Shaikh told TOI.
The bench of Justice Anuja Prabhudesai observed in her judgment, “In the instant case, the deposition of the prosecutorix (girl) taken as a whole, does not in spire confidence. The evidence of the prosecuterix is not corroborated by medical or any other evidence. Under the circumstances, the accused cannot be convicted on the sole testimony of the prosecutorix.”
As carried toi on 25.9.17