At 90, when a person struggles to go about with his/her daily routine, Sathoshbhai was accused of rape. Two years and multiple medical tests later, the Gujarat High Court last week ruled him innocent.
Quashing the FIR and prosecution against him in Saurashtra, single bench justice JB Pardiwala took the medical report on record, which states, “Attempts were made thrice to collect the semen of the patient (accused) using electrovibratory; however, there was neither an erection nor ejaculation.”
The court observed, “In an overall view of the matter, I am convinced that the FIR is false. In the FIR as well asthe statement of the prosecutorix recorded under the Criminal Procedure Code 164, there are specific allegations that the accused overpowered her and raped her. These allegations stand falsified by the evidence on record.”
Now 92, Santoshbhai had moved a quashing petition, submitting that the complainant had lodged the FIR with mala fide intention to take revenge on him and tarnish his image, as she was employed with the same trust of which he was a trustee, and her services were terminated following complaints against her conduct. The woman was the warden of the hostel run by the trust, and her services were terminated in the last week of June 2015.
Santhoshbhai further submitted that the woman approached the mahila police station two months later, in August 2015, and lodged the rape complaint. He had undergone medical test the first time at the local civil hospital and second time at Ahmedabad civil hospital. Both tests were negative.
Meanwhile, the court papers suggest that the complainant too had undergone medical tests which failed to provide solid evidence to back her rape allegation. Neither were there any physical injury. (Name has been changed to protect identity)
The case
⇒ June 2015: A trust, of which Santoshbhai was a trustee, terminates the complainant’s service as hostel warden.
⇒ August 20, 2015: She lodges rape complaint against Santoshbha.
⇒ She alleged that on June 14, 2015, the accused called her to his house and raped.
⇒ Both the complainant and the accused were sent for medical tests.
⇒ Tests failed to prove rape of woman, while Santoshbhai’s potency tests too come negative.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Gujarat High Court")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}