Gurgaon Court Acquits Man in Minor Rape Case After Survivor Retracts Allegations
A city court in Gurgaon has acquitted a man who was accused of raping a minor girl and blackmailing her with objectionable photographs. The court delivered its verdict on Thursday, emphasizing that the testimony of the survivor is the most crucial element in a POCSO case. However, in this instance, the survivor completely denied the allegations during the trial, which left the prosecution with no substantive evidence to proceed.
Case Details and Court Observations
The man was alleged to have taken inappropriate pictures of the girl and shared them with her parents. He faced charges under the Protection of Children from Sexual Offences (POCSO) Act. Additional Sessions Judge Sanjay Sharma presided over the case and ruled that the prosecution failed to establish guilt beyond reasonable doubt. The judge highlighted that criminal law mandates the benefit of doubt must go to the accused when evidence is lacking.
At the time of the incident, the survivor was less than 18 years old. The complaint was officially filed in June 2021, leading to the arrest of the accused within days of the FIR registration. He remained in jail for several months before securing bail. The case ultimately collapsed when the survivor retracted her allegations in court.
Lack of Evidence and Hostile Witnesses
The court pointed out several critical gaps in the prosecution's case:
- No medical report was produced to support the claim of sexual assault.
- No electronic devices or photographs were recovered as evidence.
- No other witnesses or material could connect the accused to the alleged acts.
During the trial, the survivor turned hostile, explicitly stating that no sexual act was committed by the accused. Her parents also recorded statements denying the allegations, asserting that their daughter had reported the incident to police but that the accused never committed any sexual wrongdoing or took photos without consent.
Legal Arguments and Implications
Counsel for the accused, Manish Shandilya, argued that his client was falsely implicated. He contended that once the star witness withdrew her allegations, the prosecution's case lost its legal footing. The court agreed, noting that without the survivor's testimony or corroborative evidence, the charges could not be sustained.
This case underscores the challenges in prosecuting POCSO cases when key witnesses recant. It highlights the importance of robust evidence collection, including medical examinations and digital forensics, to support allegations of sexual assault. The acquittal serves as a reminder of the legal principle that guilt must be proven beyond reasonable doubt, even in sensitive cases involving minors.
