A special court in Mumbai on Tuesday acquitted a 24-year-old man accused of outraging the modesty of a 17-year-old girl on a crowded local train in 2019, noting that physical contact could have been accidental due to the heavy rush of passengers at Dadar Railway Station.
The accused, Mohammed Ali, who was out on bail after spending five months in jail, was cleared as the court held that the prosecution failed to prove the charges beyond a reasonable doubt. Special Judge Surekha A Sinha observed that the victim herself admitted to the possibility of a misunderstanding during cross-examination. "It is true to say that, when the accused was boarding the train and while holding the bar, the accused may have touched her, and due to the crowd, this misunderstanding can be possible," the victim submitted.
Incident Details
The incident dates back to March 19, 2019, when the girl, accompanied by her siblings, was boarding a Borivli-bound slow train. She alleged that the accused took advantage of the crowd to touch her waist and body inappropriately. After the alleged act, the girl caught the accused by his shirt, slapped him, and handed him over to the Railway Police. While she initially reported her age as 18, subsequent investigation and school records established she was 17 at the time, leading to the addition of charges under the Protection of Children from Sexual Offences (POCSO) Act.
Defence Arguments
During the trial, the defence argued that the encounter was a result of the chaotic boarding process common in Mumbai's railway network. The judge noted gaps in the investigation, including the absence of independent witnesses despite the presence of many people on the platform. The judge also pointed out that the police failed to collect CCTV footage or even produce the train tickets of the girl and her siblings to corroborate their presence at the scene.
"…it has come on record that there was a huge crowd at the station and so many people were trying to board the train, hence one passenger can come in contact with another passenger," the judge observed.
Verdict
The judge found the evidence insufficient to sustain a conviction. "There is no satisfactory evidence on record to prove the alleged offence, that accused outraged the modesty of the girl and committed the alleged crime. There is no evidence to prove the said offence beyond a reasonable doubt," the judge stated.
The acquittal highlights the challenges of prosecuting such cases in crowded public spaces where accidental contact is plausible. The court emphasized the need for thorough investigations, including gathering independent witnesses and forensic evidence, to ensure justice in sensitive cases.
