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A Bombay trial Court has acquitted an engineering student who was accused of raping a student, stating that the prosecution has ‘miserably failed’ to prove its case.

The Sessions Judge, A D Deo acquitted the 26-year-old Abhishek Ayare and ruled the complainant’s testimony as “not creditworthy and reliable.”

According to the sources, a 21-year-old medical student had lodged an FIR against Abhishek in May 2014. The girl stated that she was in relation with Abhishek, for the past 4 years and in May 2014, she went to his house intending to end their relationship. However, she alleged that after an argument, Abhishek assaulted and raped her. She also claimed that he had made repeated calls to her on the day of the crime. The accused was later arrested and was on bail during the trial period.

The Defence Lawyer Sushil Gaglani had pointed out that there was neither any call data record produced by the prosecution nor was there any scientific or forensic test done, to prove the alleged bite marks on the complainant’s body were of the accused.

The Court observed the defense arguments to be rightly pointed out and stated that “though the spot of the incident was in a thickly populated residential area, it is apparent from the testimony of the prosecutrix that she did not raise a hue or cry. Such conduct of the prosecution raises doubt about the incident.” The bench also established that “There is nothing on record that the accused has ever misbehaved with the victim and clarified that the complainant had come up with inconsistent versions concerning penetrative sexual assault.”

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