Thane court acquits tennis coach in minor's rape case due to lack of evidence
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A Thane court has acquitted a 40-year-old tennis coach who was accused of raping and impregnating a 14-year-old student.
The court cleared the Navi Mumbai resident of all charges under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, citing major inconsistencies and a lack of corroborative evidence.
According to the prosecution, the Class 9 student alleged that the coach sexually assaulted her twice near a tennis court in a Thane residential housing society in August and September 2023. The situation came to light in October 2023 when the girl complained of abdominal pain, and medical scans revealed she was seven weeks pregnant, which led to a medical termination of the pregnancy.
Special Judge Premal S. Vithalani stated in the July 10 order that the victim's conduct after the incident cast doubt on the reliability of her testimony.
The judge noted that the girl continued training with the coach without lodging any complaint, despite having received sex education at her international school on how to report sexual harassment.
The court observed that her decision to continue interacting normally and training without complaint rebutted the legal presumption of guilt against the accused under Section 29 of the POCSO Act. The judge added that a presumption of guilt only operates after the prosecution establishes a solid foundational case.
Additionally, the court noted that the forensic DNA profiling of the aborted fetus was inconclusive, and CCTV footage from the housing society showed nothing objectionable beyond normal entry and exit times. The police also failed to record statements from the girl's friends who trained with her. The court concluded that legal convictions cannot rest on the gravity of the accusations alone.