Thane: 23-year-old acquitted in sexual harassment case after witnesses retract statements

During the trial, the victim and her family members turned hostile. Representational Pic

A court in Maharashtra's Thane district has acquitted a 23-year-old man who was accused of sexually harassing and threatening his minor female cousin, after the victim and key prosecution witnesses failed to support the police case.

Court order and proceedings

The order was passed on April 27 by Special Judge Premal S. Vithalani, who hears cases under the Protection of Children from Sexual Offences (POCSO) Act. The order was made available on Thursday, PTI reported.

Prosecution's allegations

According to the prosecution, on November 18, 2018, the accused, who is the victim's cousin, allegedly took the then 14-year-old girl in an auto-rickshaw, made sexual advances towards her, and threatened to circulate her photographs on social media if she refused to marry him.

Victim, family turn hostile

During the trial, the victim and her family members turned hostile.

Court observations on evidence

According to PTI, the court noted that while the prosecution successfully proved that the victim was a minor at the time of the incident through school records and birth certificates, it failed to establish the "foundational facts" of the alleged crime.

Key witnesses fail to support case

In its judgment, the court stated, "The star witnesses, namely the victim, her cousin brother, and her grandmother, have not stated anything about the incident. Therefore, it cannot be said that the prosecution has succeeded in proving its case."

Victim denies allegations

Referring to the victim's testimony, the court observed, "Even the victim has not supported the prosecution's case. She has specifically denied the incident. She denied that, on the date of the incident, the accused took her in an auto-rickshaw, sexually harassed her by touching her breast, abused her, or threatened her."

Grandmother's testimony raises doubts

The court further highlighted that the victim's grandmother, who was the original informant, admitted during cross-examination that she was illiterate and had lodged the complaint based on what she had been told. She later stated that the accused had not even come to her house on the day of the incident.

Charges against the accused

The accused was facing charges under Sections 354-A(1)(i) (sexual harassment), 504 (intentional insult), and 506-II (criminal intimidation) of the Indian Penal Code (IPC), along with relevant provisions of the POCSO Act.

Final verdict

"In view of the discussion made above, the accused is required to be acquitted," the judge ruled.

(With PTI inputs)