Rehan Qureshi, accused of raping approximately 20 minors, was recently acquitted by a Sessions Court at Dindoshi, Mumbai in a sexual harassment case filed against him [State of Maharashtra v. Rehan Qureshi].
A special judge dealing with cases under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) concluded that the prosecution had failed to prove its case against Qureshi in this instance.
“In view of the above discussion on record, prosecution has utterly failed to prove the charges levelled against the accused therefore, benefit of doubt goes to the accused. Hence, the accused deserves to be acquitted,” the special judge SM Takalikar said in a verdict delivered on May 13.
Qureshi was arrested in October 2018 by the Navi Mumbai police after being identified through CCTV footage. At that time, DNA profiling was reportedly used to implicate him in an eight-year-old rape and murder case involving two minors.
Following his arrest, he reportedly confessed to raping and molesting several minor girls in Mumbai, Navi Mumbai, and Thane regions of the Mumbai Metropolitan Region.
The case in which Qureshi was acquitted on May 13 dates back to 2015.
A 10-year-old girl had gone missing for a few hours in the evening before returning home around 7.30 PM. She alleged that a boy had cornered her, claiming he was meant to deliver a bedsheet to her on her mother’s instructions. When she said she would inquire with her mother, the boy allegedly threatened her and took her to a building where she was asked to wait for another man. However, the girl left the building once the boy was out of sight and returned home.
Her mother subsequently filed a criminal case against unknown individuals.
During the investigation, Qureshi was booked under Sections 354 (outraging modesty of women), 341 (wrongful restraint), and 506 (criminal intimidation) of the Indian Penal Code (IPC), as well as Section 12 (sexual harassment) of the POCSO Act. He was arrested in this case in 2019.
The prosecution relied on seven witnesses to support their case, claiming that the victim had identified the accused during a test identification parade. The public prosecutor added that the accused (Qureshi) is a habitual offender.
Qureshi denied all allegations. His counsel asserted that there was no molestation or touching of body parts. Qureshi’s lawyer also questioned the victim’s ability to properly identify the accused, given that the alleged incident occurred in darkness.
The Court found merit in Qureshi’s lawyer’s submissions and noted that the victim had identified the accused after a four-year gap.
“It is necessary to mention here that the victim stated that there was darkness at the time of the alleged incident. It is difficult to believe that the victim can recognize the accused after 4 years, particularly when there was darkness at the time of the incident,” the Court observed.
Consequently, the Court found the entire incident doubtful.
“The person dragged the girl for 5 to 8 minutes; the surrounding person looked at the incident. The victim would have shouted or the person who was watching the incident would have intervened with the accused. Therefore, the incident itself is doubtful,” the Court held while acquitting Qureshi.
Although he has been acquitted in this case, he remains in jail in connection with other cases filed against him.
Additional public prosecutor Malankar represented the State of Maharashtra.
Advocate Nazneen Khatri appeared for Qureshi.
