Thane court acquits trio accused of trafficking teenager, rape in 2016

Thane: A court in Maharashtra’s Thane has acquitted three persons, including a 31-year-old woman, in a 2016 case of alleged kidnapping, trafficking, and rape of a minor girl, observing that the prosecution failed to prove “foundational facts”.

Special Judge G T Pawar on Wednesday dropped all charges against Kajal Thakur (31), Mosin Nasim Khan (31), and Govind, alias Rajesh Mepalal Sathaliya (50), under the Indian Penal Code and the Protection of Children from Sexual Offences Act.

The prosecution had alleged that on Jan 3, 2016, Kajal Thakur kidnapped a 17-year-old girl and took her to various lodges, where she was allegedly raped by Mosin Khan, while Sathaliya attempted to assault her.

The court noted that the minor was dependent on drugs and was going to a counsellor for help. She had also left her home four times before the alleged incident, the court said. It rejected the kidnapping charges, observing that the girl did not state in her deposition that Kajal had either induced or forced her to accompany her.

It also highlighted discrepancies in the timing of the alleged assault and the medical evidence. The teenager claimed she was raped on Jan 11, 2016, whereas she had narrated a history of assault to the doctor on Jan 10, the court observed.

The court also said it was unclear whether the minor was under pressure not to approach the police. “On the contrary, even after the alleged incident, she was staying with accused Kajal, in a room provided by accused Rajesh,” the court said.

The court further noted a five-day delay in registering the FIR and the absence of lodge registers to prove the stay of the accused with the minor.

It acquitted all three, saying the prosecution had failed to prove “foundational facts” and that the evidence did not inspire confidence.