THANE: A Thane court has acquitted a man who spent more than eight years in jail after the prosecution failed to establish key facts in a sexual assault case filed under the Protection of Children from Sexual Offences (POCSO) Act.
The accused, an ayurvedic medicine supplier from Kalwa, had been in custody since his arrest in September 2017. He was charged with rape and sexual assault allegedly committed against a minor member of his own family. The case was registered at the Kalwa police station.
However, the trial took more than eight years to conclude. Evidence recording began only in November 2022, nearly five years after the chargesheet had been filed.
Additional Sessions Judge DS Deshmukh acquitted the accused on February 13, citing two major shortcomings in the prosecution’s case.
The court observed that the prosecution failed to legally establish that the victim was a “child” under the POCSO Act. The only document produced to prove age was a school admission form where the date of birth had been entered based solely on the mother’s oral statement. No birth certificate, municipal record, or ossification test was presented to verify the age.
Referring to a 2023 Supreme Court ruling in P Yuvaprakash vs State, the judge held that such evidence was legally insufficient to establish the victim’s age.
The court also found the victim’s testimony unreliable due to inconsistencies between statements recorded at different stages of the investigation. A medical examination of the victim did not reveal any internal or external injuries, further weakening the prosecution’s case.
The judge also took note of the troubled family background, referring to frequent domestic disputes and violence between family members. The court observed that the possibility of the victim being tutored could not be ruled out.
It also cited a recent Supreme Court observation that in matrimonial disputes, minor children are sometimes “weaponised” to settle personal scores through complaints under the POCSO Act.
The accused, who remained in custody throughout the prolonged trial, was ordered to be released immediately following the acquittal.
