In a significant legal development, a special court in Pune has acquitted a 48-year-old man who spent seven years in jail on charges of repeatedly raping his 11-year-old daughter. The acquittal came after the case collapsed as the three key witnesses, including the minor girl and her mother, denied any instance of sexual assault or threat.
The Case and the Collapse of Testimony
The legal ordeal began in August 2018 when the girl's maternal grandaunt approached the Kondhwa police. She informed the police that her sister's granddaughter, who was 11 years old at the time, had allegedly revealed to her that she was a victim of prolonged sexual assault by her father since March 2017.
Acting on this complaint, the police registered a First Information Report (FIR) under multiple sections of the Indian Penal Code (IPC) and the stringent Protection of Children from Sexual Offences (POCSO) Act. The charges included aggravated sexual assault, repeated rape, and criminal intimidation. A chargesheet was subsequently filed, leading to a trial.
However, during the trial proceedings, the case took a dramatic turn. The three primary witnesses—the complainant (the grandaunt), the minor girl, and her mother—completely retracted their initial stance. They testified before the court that no sexual assault had ever occurred and that the girl had never disclosed any such abuse to them. The minor girl herself denied any instance of assault or threats from her father.
Court's Reasoning and Lack of Evidence
On November 26, the special POCSO court presided over by Additional Sessions Judge Kavita Shirbhate delivered the verdict of acquittal. Citing a complete lack of credible evidence, the judge held that the prosecution had failed to establish the guilt of the accused beyond a reasonable doubt.
In her observations, the judge noted, "Neither the victim's mother nor her grandmother's sister stated that any such incident occurred. There was no disclosure from the girl that the accused committed repeated sexual assault or rape on her."
The court further highlighted that apart from the testimonies, which were now hostile, there was a complete absence of corroborative evidence. There was no medical, forensic, or independent documentary evidence to support the allegations made by the police. While a medical age verification report confirmed the girl was a minor at the time of the alleged incident, the court clarified that proving the age alone was insufficient without concrete proof of the assault itself.
Aftermath and Release
As a direct consequence of the acquittal, the 48-year-old accused was released from jail, having remained incarcerated for a period of seven years while the trial was ongoing. The case underscores the critical importance of credible evidence and witness testimony in securing convictions, especially in sensitive cases under the POCSO Act.
