A restaurant worker, who spent 17 months in prison after being accused of raping and pregnant his 19-year-old deaf and dumb neighbor, was recently bailed after DNA tests showed that he was not the child's father.
The pregnancy came to light after the deaf-mute woman, who was studying in class 7 of a city school, complained to her teacher about stomach pain on July 23, 2019. The teacher called the woman's father and warned him. The next day, the woman was taken to the doctor who suggested an ultrasound. Two days later, tests showed she was six months pregnant. When the family asked the woman for information, she told them in sign language that about five or six months earlier, when she was going to the public restroom, the accused took her by force to her home, assaulted her. sexually and took pictures of her. The family then approached the police and a FIR was recorded.
The session court said the DNA report denied the prosecution's case that the 25-year-old defendant got the woman pregnant.
“The accused was arrested on 1 August 2019. The complaint was filed. It will take time to decide the matter on the merits. By examining the copy of the DNA report produced in the proceedings, the prayer made by the plaintiff (defendant) for release on bail must be allowed, "the session court said in a recent order.
The woman's statement was recorded by the police with the help of a special teacher and she was arrested.
The defendant's previous attempts to seek bail, in the absence of the DNA report, were rejected by the court.
Defenders of the accused, Prakkash Rohira and Yash Vyas, recently asked once again for bail. They said it was a serious delay in producing the DNA report and even went to the Bombay High Court. The defense told the court that the man was falsely implicated. They said the DNA report excluded the accused as the biological father of the child born to the woman.
The prosecution opposed the request for bail, arguing that the accused had taken advantage of the woman's vulnerabilities. He further said that if the defendant is granted bail, he could tamper with evidence or threaten the woman and prosecution witnesses.
By giving him a bail of Rs 30,000, the court ordered the defendant not to contact the woman or visit her. “The accused (must) deal with the matter on any date without fail. The applicant must present proof of his residential address, telephone number, Aadhaar card and electoral card, if any, "the court added.