A special court in Pune handling cases under the Protection of Children from Sexual Offences (POCSO) Act has acquitted a 34-year-old man who was accused of raping his three-year-old niece. The alleged incident took place in the Chinchwad area on February 25, 2021.
Court Cites Inconsistent Testimony and Forensic Failures
Special Judge SS Nair delivered the verdict of acquittal on Wednesday, highlighting critical shortcomings in the prosecution's case. The judge pointed out that the child's parents, who had lodged the complaint, failed to provide consistent or convincing evidence during the trial.
While the medical examination confirmed injuries on the young survivor, indicating that a traumatic incident had occurred, the court ruled this was insufficient. "Medical opinion alone could not prove who had committed an act and under what circumstances," the judge observed, underscoring the principle that the prosecution must pinpoint the accused's guilt beyond reasonable doubt.
Serious Lapses in Forensic Evidence Collection
A major factor leading to the acquittal was the flawed handling of forensic evidence. The judge noted that the chemical analyst's report found stains on the clothes of both the victim and the accused, which could have been crucial evidence.
However, the investigation was marred by serious procedural lapses. The samples collected on the day of the incident, February 25, 2021, were sent for analysis only after a delay of two months. "There is no evidence to show that the samples were preserved properly during the period, raising doubts about reliability," the judge stated. The court concluded that improper handling and delayed submission could have compromised the test results, making the forensic evidence questionable.
Prosecution Failed to Establish Guilt Beyond Doubt
Further weakening the case, only one witness (pancha) confirmed the seizure of clothes and the spot of the incident. Other witnesses did not support the prosecution's narrative or failed to provide substantive information.
In her final ruling, Judge Nair emphasized that the burden of proof lies entirely with the prosecution. "In this case, considering the lack of testimony from the informant and family members, and doubts about the preservation of forensic samples, the evidence is insufficient to connect the accused with the crime," she said. Consequently, the charges against the accused could not be proven, leading to his acquittal.
The case underscores the challenges in securing convictions in sensitive POCSO matters when investigative procedures are not followed meticulously, potentially allowing gaps in evidence to create reasonable doubt.
