Noida Court Acquits Bihar Man in 2017 Minor Assault Case Due to Lack of Evidence
In a significant legal development, a Bihar man accused of sexually assaulting a minor in 2017 has been acquitted by a Noida court. The decision came after the complainant's family remained untraceable despite repeated efforts, resulting in a failure to present credible witnesses or evidence to support the charges.
Case Background and Charges
The case dates back to October 31, 2017, when the minor's father filed a complaint at the Sector 20 police station in Noida. He alleged that around 12:30 PM, his wife witnessed Mithlesh Kumar committing obscene and indecent acts with their daughter, and the accused fled upon being caught. Based on this, a case was registered under Section 354 of the Indian Penal Code (IPC) for attempt to outrage the modesty of a woman and Section 6/7 of the Protection of Children from Sexual Offences (POCSO) Act.
Following the initial investigation, the survivor and her mother's statements were recorded, leading to Kumar's arrest. A chargesheet was filed on December 20, 2017, and a special POCSO court framed charges against him on March 22, 2018, under Section 354 of the IPC and Section 7/8 of the POCSO Act. Kumar pleaded not guilty, and the trial commenced.
Prosecution's Failure and Court Observations
Over the eight-year duration of the case, the prosecution faced significant challenges. Key issues included:
- The complainant's family, who lived in a rented house at the time of the alleged crime, became untraceable, preventing their examination in court.
- No credible witnesses were presented; the prosecution only called two witnesses: the investigation officer and the scribe of the FIR.
- Critical evidence was lacking: the police did not record the 4.5-year-old survivor's statement before a magistrate, nor did they send her clothes for forensic examination.
- No documents were produced to verify the minor's age, which was crucial given her absence from court proceedings.
Special POCSO judge Vikas Nagar noted that the prosecution failed to prove the charges beyond reasonable doubt. The court highlighted that the terms indecent and obscene used in the FIR and witness statements were insufficient to establish specific guilt. Additionally, the prosecution closed its evidence after stating it could not examine more witnesses.
Legal Implications and Outcome
The court's acquittal order emphasized the importance of robust evidence in criminal cases, especially under the POCSO Act. With no satisfactory proof of sexual assault or criminal force, Kumar was released due to lack of evidence. This case underscores challenges in prosecuting crimes when key parties are unavailable, potentially impacting justice delivery in similar instances.
The acquittal serves as a reminder of the legal system's reliance on witness testimony and forensic evidence to secure convictions, highlighting areas for improvement in investigation protocols.
