In a significant legal reversal, the Bombay High Court has acquitted a 47-year-old tutor from Navi Mumbai who was earlier sentenced to 20 years of rigorous imprisonment for the alleged sexual assault of a minor student. The High Court set aside the conviction order passed by a Thane district sessions court in 2022.
High Court Overturns Lower Court's Conviction
Justice RM Joshi allowed the appeal filed by the accused, Sanjay Bhagchandani, and quashed the judgement and order dated September 14, 2022, from the Thane court. The tutor had been convicted under relevant sections of the Indian Penal Code and the Protection of Children from Sexual Offences (Pocso) Act.
The case dates back to October 2019 when the victim, a student of the tutor, alleged that Bhagchandani sexually assaulted her at his residence in Koparkhairane under the pretext of providing study notes. The prosecution's case stated that the accused repeated the assault in February 2020 and threatened to post obscene videos on social media if she did not comply with his advances.
Key Arguments Leading to Acquittal
Advocate Siddh Vidya, representing the accused in the High Court, successfully argued that there was an inordinate delay of eight months in registering the First Information Report (FIR) by the victim, and the prosecution had failed to provide a satisfactory explanation for this delay. The victim had approached the police on October 8, 2020, regarding the February 2020 incident.
Furthermore, the defense highlighted that the Forensic Science Laboratory (FSL) report was absent, and the basic fact of rape was not conclusively proved. The Thane Sessions Court's conviction had primarily relied on the testimonies of the complainant and her father, along with an alleged confession.
In the acquittal order, Justice RM Joshi emphasized a fundamental legal principle. The court stated, "The burden is always on the prosecution to prove the guilt of the accused beyond reasonable doubt even in case of offences under the Pocso Act." The judge noted that the evidence of the victim did not inspire confidence, particularly in light of the unexplained delay in lodging the police report.
Background of the Case and Initial Sentence
The victim, a teen girl, had enrolled at the tutorial in April 2019. The alleged assaults occurred in October 2019 and again in February 2020. The girl stated she did not inform her parents immediately as she was preparing for her HSC board examinations at the time.
Following the complaint, the Koparkhairane police registered an FIR. After a trial, the Thane additional sessions court judge, Maheshwari B Patwari, convicted Bhagchandani in September 2022. While awarding the stringent 20-year sentence, Judge Patwari had remarked on the severity of the crime and its impact on society, stating that such acts needed to be dealt with severely to act as a deterrent.
The Bombay High Court's latest ruling, however, underscores the critical importance of procedural integrity and the standard of proof required for a conviction, even in sensitive cases tried under the Pocso Act. The acquittal brings the legal proceedings to a close, absolving Sanjay Bhagchandani of the charges.
