MUMBAI, July 31: A man accused of rape by his daughter was acquitted of the charge today. The trial lasted two years.

Delivering the verdict the sessions judge for cases of atrocities on women, dowry deaths and rape, V R Singbal, said Siddharth Sakharam Jadhav, 37, was falsely implicated in the case by his daughter at the instance of her aunt.

``What is unfortunate is that an innocent person, who had earlier undergone a life imprisonment sentence for murdering a man who had molested his sister, was put behind bars by his own daughter,'' the judge said.

After he was released on August 15, 1995, Jadhav returned to his home - a small room measuring 150 square feet at New Chunabhatti Rahiwasi Sangh, Senapati Bapat Marg, Elphinstone Road. Though he started a new life with his parents and two sisters, his daughter Nirmala (not her real name) could not get along with him.p Being a habitual drinker, Jadhav used to abuse Nirmala and had also imposed restrictions on her movements. Nirmala wanted to live a life away from her father. She approached her aunt, a resident of Thane, with a request to allow her to live with her. Though her aunt rejected Nirmala's request, she suggested her to lodge a false complaint of rape against her father to get rid of him.

Following the advice, Nirmala approached the N M Joshi Marg police station on February 26, 1996 and filed a complaint saying her father had molested her on April 27, 1995 and raped her on October 14 the same year. She also alleged that her father threatened her of dire consequences if she told anyone about the incident. Jadhav was arrested on the same day and was remanded to police custody by a metropolitan magistrate.

Apart from Nirmala's aunt, a woman social worker was also instrumental in instigating her. She had supported Nirmala's claim despite knowing that she was not raped.

In due course of time, the case came up for hearing in the Sessions Court and was expedited by the Bombay High Court after Jadhav filed an request in the HC to that effect. A total of 20 witnesses were examined and evidence was recorded. Special public prosecutor S P Jamdar represented the state, while Advocate Bhoyar defended Jadhav.

Last month, a constable was acquitted from a false rape case.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.