Mumbai: A 56-year-old man who spent eight years in prison after being arrested for allegedly sexually assaulting a girl has been acquitted by a special POCSO court in Mumbai citing “scanty evidence”. The ruling, passed on 28 November by Judge N. D. Khose, stated that the prosecution failed to prove guilt “beyond reasonable doubt”.
The court noted that the victim, who was said to be suffering from moderate intellectual disability, gave a statement that contradicted other evidence. It also observed that her testimony lacked clarity, stating that “her evidence does not inspire confidence as she has not stated in detail what actually happened with her.”
The judge further pointed out that “not only that, the medical evidence on record totally contradicts the evidence of the victim girl.”
According to the prosecution, the incident took place on 23 August 2017 in the Kurar area of Malad (East), when the accused, who was the girl’s neighbour, allegedly entered her house while she was alone, sexually assaulted her, and threatened her family. The girl’s mother lodged a complaint, leading to his arrest the next day, on 24 August 2017, under charges of rape and provisions of the Protection of Children from Sexual Offences Act. The prosecution stated that the girl was 17 at the time.
However, concluding that the “evidence adduced by the prosecution is scanty and not sufficient to prove the guilt of the accused beyond reasonable doubt,” the court acquitted him. The special judge held that the prosecution had “miserably failed to prove that the accused committed rape on the victim girl knowing that she was below 18 years of age and insane,” and ordered that he be released forthwith if not wanted in any other case.
With PTI inputs