Mumbai: Observing that the possibility of manipulation of evidence cannot be ruled out, six years after four men were arrested for the gang rape of a 20-year-old woman who had the mental age of a six-year-old, a sessions court acquitted them, citing a “broken chain of custody” of forensic evidence and procedural lapses by the police. All four accused are in jail while a fifth, a minor, was tried separately. While the prosecution claimed the DNA on recovered condoms matched two of the accused, the defence argued that the samples were planted. The judge pointed to a “suspicious gap” in the handling of this evidence, noting the condoms remained “unsealed and unsupervised” for nearly two hours at the police station.
“In the circumstances as per the defence of the accused that they were forcibly asked to masturbate seems to be probable. Accordingly, the possibility of projecting the semen of accused on the condoms cannot be ruled out,” judge Ashwini D Lokhande said. The judge further remarked the “possibility of manipulation of evidence cannot be ruled out,” especially since the police failed to prove the “foundational fact” that the condoms were actually wet when seized. The judge also was critical of the police for not using a special educator or interpreter when recording the statement of the survivor, who had an IQ of 36. A significant blow for the prosecution was the star witness who could not be traced. “As per records, she is missing and a missing complaint lodged in Bihar. In her absence… the sister of the complainant came forward to adduce her evidence. Her evidence is hearsay evidence,” the judge said.While three accused were represented by advocate Tripti Shetty, the fourth was defended by advocate Asif Patel. The case was initiated by an informant who resided in a Mumbai suburb with her parents and two sisters who have intellectual disabilities. On the afternoon of Aug 20, 2019, while the informant and her mother were asleep, one of her sisters (the survivor) left their flat. The informant filed a missing person report at the local police station. Later that night, around 10.30 pm, a neighbour located the survivor and brought her back home. The survivor revealed that a neighbour had signalled her to come downstairs earlier that afternoon. She alleged that the accused lured her to a secluded area known as Khadan Jungle. Once there, the accused was joined by four others. Following the assault, the survivor claimed the accused threatened her life. The medical evidence failed to support the prosecution’s theory of a gang rape. The medical officer found no fresh injuries, bleeding or abnormalities. The judge noted the prosecution’s case was built on “unreliable evidence” and “serious lacuna” on investigators’ part.
