Bhopal/Jabalpur: Madhya Pradesh High Court Recently separated a session court sentence Poxo caseAssuming that the prosecution tried to incorrectly trap the accused to save the real culprit, who could be close relatives to the survivors. HC allowed the accused to register a case ‘malicious prosecution‘Find more compensation. The man was sentenced to 20 years rigorous imprisonment for raping a six -year -old child.A bench of Justices Vivek Aggarwal and DN Mishra indicated the contradictions in the statements of major witnesses – in which the survivors, his mother and uncle and the doctor examined it. HC also noted that the DNA report, which was presented as ‘positive’ in court, was not the case.Prosecution is trying to save the culprit: court It seems that the trial seems a gross injustice to the appellant to not appreciate the evidence from the correct point of view by the trial court. It seems that the prosecution not only tried to trap the appellant incorrectly, but they are trying to save the real criminal, who could be a close family relative, HC said in his recent order, saying that the girl’s DNA report revealed that he had “low male DNA”. The defense counsel said during the cross-execution, the girl’s mother said that her brother-in-law and mother-in-law had played an important role in sending the appellant to jail and the brother-in-law had expelled blood from the child so that they could file sexual abuse complaints. The doctor said that the injury to his private parts could not exceed two-three hours. The girl had said that she had changed clothes and bathed, and Raksha said about the commission of rape. The lawyer said that the doctor had examined the victim on June 23, 2020 at 3.30 pm, while sexual harassment was reportedly allegedly occurred last night, so the charge has not been medically confirmed. On the other hand, the government’s lawyer presented that the survivor has supported the prosecution, so the punishment should be maintained.After listening to both sides, HC reported that while the available material claims that the girl was playing on the roof of her uncle’s house and her mother was cooking while she was crying for her, to say that the accused had taken off her clothes and raped her, the fire said that the girl informed the girl after which she asked to ask what happened. HC further stated that the girl’s mother had admitted during the cross-examination that the child had an old rivalry with the accused and “she had put her finger in the girl’s private parts to pull blood before registering an FIR”.Referring to Survivor’s statement, HC said that he had admitted that the accused had gone out to sell ‘Phulki’ when the alleged crime had taken place. In response to a question, he also said “nothing happened on the roof”. The court said, “It is clear that when the evidence of the victim and his mother is read together, it is really his uncle, who was responsible for hurting the victim so that the accused was avenged,” and the court said, and separated the sentence.
