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35-year-old acquitted in rape case for lack of evidence

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Express News Service

Posted: May 29, 2008 at 0408 hrs IST

Mumbai, May 28 A sessions court on Wednesday acquitted a 35-year-old man who was charged with raping his mother. The acquittal came after the victim refused to support the prosecution in court and said she had not given the statement that was reflected in the FIR.

The accused, Kishan Gholap, who was a conservancy worker in ‘B’ Ward, was arrested soon after the incident was reported in November 2006. Gholap was in custody since then.

According to the police Gholap was living with his wife at his mother’s place in Sanjay Gandhi Nagar slums under Shahu Nagar police station in Dharavi.

In September 2006, Gholap’s wife left for her native place leaving their three-year old son.

The prosecution told the court that on the night of November 12, 2006, Gholap had a fight with his mother as she said she did not want to look after his son. Gholap then got drunk and allegedly raped his own mother.

Initially, no complaint of rape was lodged with the police. But, three days later when the victim’s second son, Baban, visited her and heard about the crime, he persuaded her to lodge a complaint with the police.

Police booked Gholap for rape, assault and threatening his mother.

However, when the matter came for the trial before judge S T Mahajan, the victim refused to support the prosecution saying she had never complained of rape to the police. The medical evidence also could not prove that she was raped, though some injuries were indicated.

There was also no medical evidence against Gholap. He was acquitted for lack of evidence against him.

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