An 18-year-old Plus Two student, who was in jail for 36 days, after he was booked under the Protection of Children from Sexual Offences (POCSO) Act, was let off by the Malappuram POCSO court on August 28, Saturday, after a DNA test turned favourable for him. The student was arrested after a 17-year-old girl accused him of raping and impregnanting her. However, the DNA test proved that the young man was not responsible for the pregnancy. Speaking to the media on Sunday, the 18-year-old, who hails from Tennala near Tirurangadi in Malappuram, said that he was mentally tortured by the police and one of the officers had slapped him on the face, after which he was not able to hear properly for a few days. He and his parents also told the media that he was arrested around 12.30 am, without the police telling them the reason for the arrest. The young man said that only after reaching the police station, he came to know about the charges against him.
"I knew that I would come out of jail, because I did not commit any crime. I am only sad about the statements given by them (the girl) against me. Those were all lies. I have gone through hell, but now I am relieved," he said. He added that he knew the girl from his school for a year, but did not assault her. However, police told PTI that he was picked up after the minor girl who was hospitalised, gave a statement against him.
"She gave the date of the incident and the location, which is apparently his house. She gave the statement against him to the doctor, woman police officers and a statement to the magistrate under Section 164 of the CrPC," police said. Police also said that the investigation is still ongoing and that there was one more accused in the case, who is absconding.
Special Public Prosecutor of Manjeri POCSO court, Aisha P Jamal, in a Facebook post, pointed out that a negative DNA result is only indicative that the student did not impregnate the survivor. "There have been many discussions following this incident in the case. While some say that one should be arrested only after getting scientific evidence, some are saying that the victim who gave false statement should be punished," she says.
She adds that the negative DNA result cannot be used to rule out that the male student has not assaulted the survivor. "Only after taking more statements from the victim, it can be inferred whether it was a fake accusation or not or if there are more than one accused. That can be found through the probe," wrote the advocate.
With PTI inputs