‘Rapists’ go free as victim keeps mum

The Bombay high court acquitted two rape suspects because the minor girl did not make a ‘hue and cry’ when she was abducted and the police did not conduct an identification parade.

Six years after they were sentenced to seven years’ rigorous imprisonment, on June 15 Santosh Bodake, 30, and Ajit Padwal, 30, were freed of charges of abducting and raping a minor girl in 2004. Justice VM Kanade gave them the ‘benefit of doubt’ as the police failed to hold the identification parade before producing them in court, which is a mandatory process of law.

According to the prosecution, the girl, who lives in a village near Pune, was allegedly abducted by the two men on the night of August 7, 2004. After the victim returned home after several days, her brothers lodged a complaint which said that the girl was forcefully kidnapped from her residence and was taken to various places near Pune. The victim told the police that Padwal took her to his relatives’ houses and raped her several times. He told his relatives that she was a friend’s daughter, she alleged.

The counsel for the appellant argued that it was the duty of the police to hold an identification parade. The counsel said the girl was travelling on a motorbike with the accused and could have easily shouted for help. While acquitting the accused, the court observed: “From the victim’s  testimony, it appears improbable that she was taken to various places.” The court observed there was no medical proof of Padwal raping the minor girl.