MUMBAI: Five years after a Kandivli resident was arrested along with two others for the alleged gangrape of his daughter (9), a division bench of Justice Vijaya Kapse-Tahilramani and Justice Ajay Gadkari upheld their acquittal , citing lack of evidence.

The court held that “the version of the girl (that she was sexually assaulted by her father and his friends) is not at all supported by the medical evidence and also we find that (her) testimony is not trustworthy and reliable”.

The complainant was the girl’s grandfather and the main accused’s father. “In view of admissions given by this witness, in our considered opinion, this child witness was tutored (by her grandfather) to give evidence as per his wish...we find that her evidence is not reliable and trustworthy,” the judges said. Advocate Arfan Sait, representing the accused, said medical evidence did not support the rape allegations.

The case dates back to 2009 when the grandfather approached cops claiming that the victim had complained of sexual assault by her father and two of his friends. The accused was arrested but acquitted in a sessions court in 2011. The trio was rearrested after a state appeal. But the HC upheld the acquittal.

