A Mumbai Sessions Court has acquitted a man accused of raping a woman who was reportedly living with AIDS after the complainant went missing during the trial. The absence of the complainant, who failed to be traced, was pivotal in the court’s decision.

According to the prosecution’s case, the incident allegedly occurred in November 2018. The 35-year-old woman claimed she was drugged and sexually assaulted by a man who encountered her at a bus stop after she had an argument with her husband. Following her quarrel, she had left home and was found the next day sitting alone in a bus.

Police records indicate that the woman described how a man offered her a ride in his bus, taking her approximately half a kilometre from the bus stop. She alleged that he then parked the vehicle and left to procure food, during which time he supposedly presented her with an intoxicated soft drink and subsequently raped her.

Details of the Complainant’s Testimony

After recovering from the alleged assault, the woman purportedly contacted a police helpline from the bus where she was found. The accused was arrested in 2023, leading to a chargesheet being filed. However, he denied all allegations made against him throughout the judicial process.

During the trial proceedings, the police informed the court that they were unable to locate the complainant despite multiple attempts. There was also an inquiry to ascertain whether she had passed away, but they reported no evidence to support such a conclusion.

Special Judge Surekha Sinha acknowledged that the complainant’s account was essential for the prosecution’s case, particularly as the alleged assault occurred when she was alone with the accused. However, she pointed out a lack of medical reports to support the claims made by the complainant, highlighting the inadequacies of the evidence presented.

Lack of Evidence Leading to Acquittal

The court further noted that the complainant did not know the alleged assailant, and no test identification parade had been conducted to establish his identity. The judge remarked that the absence of the complainant’s testimony significantly weakened the prosecution’s case, making it difficult to prove the accusations.

In her ruling, the judge stated, “In the absence of evidence from the complainant, there is no material on record to prove that the accused raped her.” She emphasised that there were no affirmations confirming that any intoxicating substance had been given to the complainant or that she had been unlawfully confined within the bus.

The judgement concluded that there was limited value to evaluating medical evidence without the complainant’s account, further reiterating the insufficiency of evidence regarding the alleged crimes. Consequently, the court acquitted the accused of all charges and ordered his release from custody.

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