A 25-year-old man booked under the Protection of Children from Sexual Offences Act and Indian Penal Code (IPC) was recently acquitted as judge Kalpana K Patil of the special POCSO court held that just a sentence stating the accused allegedly molested the minor was not sufficient to prove charges.
According to the prosecution, when the minor went to pick rags, the accused allegedly took her to Kalyan. When someone approached the accused, he ran away. The minor, who knew the accused, then went to Ambernath to her brother’s place. After her brother dropped her back home, she disclosed the said incident to her mother and a complaint was filed.
The court said that the absence of the date or time of the incident, and the delay in approaching police could not be ascertained. The court also noted that the oral evidence of the victim was vague in nature and there was no reference to force by the accused.
The court said, “There is no reference of any force by the accused to the victim for leaving her mother’s house. She has not specifically pointed out the day, date, time or the exact place where she was molested. During the course of cross-examination, the victim has admitted that she was taking intoxicants at that time.”
The court also observed that after recording the statement, the police learnt about the molestation and there is no explanation why the girl did not disclose the fact immediately to her brother or mother.
“Given the delay in disclosing the incident to her brother and the fact that the victim used to take intoxicants, her single sentence that the accused touched her …under the bridge is not sufficient for proving charge against accused u/sec. 8 of POCSO Act.”
The court while acquitting the accused noted that the prosecution evidence is vague and not sufficient to prove the guilt.
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