A Thane special POCSO court has acquitted a 32-year-old man accused of sexually assaulting a minor, citing inconsistencies in testimonies and lack of foundational proof. The court observed the case may have stemmed from a personal dispute between the accused and the victim’s mother over marriage
Thane court acquits man in POCSO case. Representational image
A court in Thane has acquitted a 32-year-old man accused of sexually assaulting a minor girl. The court, while passing the order, observed that the case appeared to arise from a personal dispute with the victim's mother over a marriage proposal.
As reported by news agency PTI, special POCSO Court Judge D S Deshmukh, in the judgement on February 13, noted that the accused and the victim's mother were in a relationship, and when he refused to marry her, a quarrel ensued.
The court also said, “The possibility of the victim being tutored could not be ruled out, and her testimony did not inspire confidence to establish sexual assault,” as cited by PTI.
According to the prosecution, the incident occurred on August 11, 2019, when the 10-year-old victim and her mother were returning from a market in the Mumbra area of Maharashtra's Thane district.
The accused, Mohammad Nashir Rain, a local tea seller, hugged the child from behind and made obscene advances. When the mother intervened, the accused assaulted her, resulting in a fracture, the prosecution alleged, reported PTI.
The accused was charged under provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
However, the defence argued that the complainant (the minor girl's mother) and the accused were in a long-standing relationship and that the legal action was retaliatory.
Prosecution fails to prove “foundational facts”
Thane court, while passing the orders, stated that the prosecution has failed to prove the "foundational facts" necessary to establish guilt. It also noted significant inconsistencies in the testimonies of the mother and the daughter.
The court also mentioned, “The mother admitted to visiting a lodge with the accused twice, and that a dispute existed regarding the accused's refusal to marry her,” as per PTI.
Thane court further said, “It appears that the girl's mother and the accused were in a relationship, and when the accused did not agree to marry her, a quarrel took place between them.”
Considering the evidence on record and the circumstances, the court also noted, "The possibility of tutoring the victim can not be ruled out. In such circumstances, her evidence on record does not inspire confidence to hold that she has been sexually assaulted by the accused," as cited by PTI.
The court also pointed out that while the mother claimed her hand was fractured in the scuffle, the medical evidence did not support the assertion.
It further observed that variations in the victim's statements weakened the prosecution's case. The defence taken by the accused that he is falsely implicated in this case appears to be more probable, the court said while acquitting the man, who had undergone over three years of detention during the trial.
(With inputs from PTI)
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