Accused acquitted of rape, kidnapping charges, slack investigations

Accused acquitted of rape, kidnapping charges, slack investigations

Mangalore Today News Network

Bantwal , Sep 19, 2016: It is reported that the sixth additional district and sessions court on Sept 17,  Saturday acquitted a 34-year-old Bantwal resident of charges of kidnapping and sexually assaulting a 16-year-old girl in 2009. Judge D T Puttaranagaswamy who pointed out several loopholes in the investigation of the case leading to the acquittal of the accused, however, sentenced Mustafa to 44 days of imprisonment, finding him guilty of wrongfully confining the girl.

Mustafa was accused of abducting the teenager from Bantwal, then aged 16, from Bhagwan Mahaveer (pumpwell) Junction here on March 11, 2009, and taking her to several places in Kerala. This incident created a flutter within Hindu organizations, who staged protests alleging the act to be the handiwork of love jihadists. Following a missing complaint by the girl’s parents, Bantwal police found the girl from a house in Kannur on April 6, 2009.

The girl filed a complaint against Mustafa accusing him of sexual assault and confining her in different houses in Kerala. Mustafa was arrested in 2012 and a chargesheet was filed. Judith O M Crasta, prosecutor examined 19 witnesses, including the victim.

The judge highlighted several loopholes in the investigation including failure of police in inspecting the places where the accused allegedly confined the victim and raped her.   The judge cited failure on part of the police in getting documents showing the victim’s date of birth at the time of investigation. As a result of which Mustafa was acquitted. The judge also pointed out that police had filed a chargesheet without sending the clothes of the victim for forensic examination. Despite these shortcomings, the judge found Mustafa guilty of wrongful confinement and sentenced him to undergo 44 days of imprisonment and directed him to pay a fine of Rs 500.

Mustafa was also asked to pay the victim Rs 10,000 as compensation. District Legal Services Authority was directed to take steps in awarding the victim a compensation under the Karnataka Victim Compensation Scheme. The incident had created a major stir in this communally sensitive district with various pro-Hindu organisations seeking strict government intervention to ensure that girls are not lured.