In the case of an alleged sexual assault and gangrape of a sex worker, a Mumbai court has acquitted four defendants. The court acknowledged that while no one has the right to engage in non-consensual intercourse with a sex worker, the prosecution’s version of events was uncertain. The victim’s statements in support of her complaint were deemed unreliable and untrustworthy by the court.
According to Sessions Judge Shrikant Bhosale, no one has the right to engage in non-consensual intercourse with a sex worker, but in the present case, there was doubt regarding the prosecution’s account of the forced sexual encounter. The victim’s unreliability and lack of credibility were highlighted by the judge, citing inconsistencies in her statement to the Metropolitan Magistrate under Section 164 of the Code of Criminal Procedure. As a result, there was reasonable doubt about the accused’s involvement in the alleged sexual assault, despite the charges brought against them, including wrongful confinement, abduction, threat, criminal intimidation, gang rape, and unnatural intercourse under the Indian Penal Code (IPC).
The prosecution’s case centered on an incident that took place in May 2016 when the victim, a sex worker, disembarked from an auto-rickshaw due to the driver’s lack of knowledge of the route. While attempting to board another auto, two individuals from within the vehicle allegedly restrained her, silenced her, and forced her into the auto. The assailants subsequently took her to a room, where they threatened to kill her and engaged in gangrape and unnatural intercourse. When locals heard her screams, they came to her aid, and the accused fled the scene. Two young women provided clothing assistance to the victim, and the police arrived shortly thereafter. Based on the victim’s complaint, the police filed a First Information Report (FIR) and apprehended all four suspects the same day. The prosecution relied on ten witnesses to support their argument.
The defense challenged the victim’s credibility by claiming that she was a sex worker whom they had hired, and the dispute arose when they failed to pay her, resulting in the filing of a false case against them. They further argued that the victim was unable to identify any of the accused during the inspection parade, despite being shown them on the date of the incident. The defense also disputed the involvement of the two young women whom the victim had claimed assisted her, asserting that the prosecution had not examined them.
While acknowledging that no one has the right to engage in non-consensual intercourse with a sex worker, the court needed to determine the reliability of the victim’s statements regarding the sexual assault. The judge concluded that there was no additional statement providing specifics about the accused’s actions and use of force. Furthermore, the court observed that no medical evidence corroborated the victim’s claims of injury or bleeding.
The court noted several inconsistencies in the identification parade, but most significantly, the medical report did not support the victim’s account of the incident. The report revealed no signs of injury, bleeding, or evidence of forceful activity. The medical officer concluded that the findings were consistent with prior sexual activity. As a result, the court found no support for the victim’s assertion of non-consensual intercourse or physical assault, particularly in light of her claim that one of the accused had beaten her with a hammer. Consequently, the court acquitted the defendants.
Source: https://www.barandbench.com/news/litigation/mumbai-court-acquits-four-alleged-rape-sex-worker