2 persons accused in rape case acquitted; victim and witnesses untraceable

Thane: A court in Maharashtra's Thane district has acquitted two men accused of raping a woman in 2021, observing the victim and other witnesses were not traceable and charges against the accused were not proved.

Additional Sessions Judge AS Bhagwat, in his order on January 20, held the prosecution failed to prove the charges against the accused, Vijay Shetty (29) and Mohammad Sarvar Abdulla Shah (39), and they need to be given the benefit of doubt.

A copy of the order was made available on Monday.

The prosecution told the court that on May 22, 2021, the two men forced the victim (age not mentioned in the order) to consume liquor excessively at a room in a building at Sabegaon in Diva area here and allegedly raped her.

They also beat up the woman, the prosecution alleged.

The two men were charged under various legal provisions, including for gang rape.

The judge noted that the deposition of lone prosecution witness, a panch witness, could not establish anything against the duo.

Moreover, the victim and the other witnesses are not traceable and despite a notice to the prosecution, it could not produce them before the court, the judge said.

Hence, it is held that the charges against the accused are not proven and they are acquitted, the court said.