Thane Court Acquits Man After 8-Year Incarceration in POCSO Case
In a significant ruling, a Thane court has acquitted a man who spent more than eight years behind bars in a sexual assault case filed under the Protection of Children from Sexual Offences (POCSO) Act. The decision, delivered on February 13, came after the prosecution failed to establish key foundational facts, leading to the dismissal of all charges against the accused.
Prolonged Legal Battle and Arrest Details
The accused, an ayurvedic medicine supplier from Kalwa, was arrested in September 2017 and had been in jail since then. He faced serious charges of rape and sexual assault, allegedly committed against a minor member of his own family. The case was registered at the Kalwa police station, but it took over eight years to reach its conclusion. Notably, the actual recording of evidence only began in November 2022, nearly five years after the chargesheet was initially filed, highlighting delays in the judicial process.
Court's Rationale for Acquittal
Additional Sessions Judge DS Deshmukh presided over the case and cited two critical failures by the prosecution as grounds for acquittal. First, the court held that the prosecution could not legally establish that the victim was a "child" under the POCSO Act. The only document presented was a school admission form where the date of birth was entered based solely on the mother's oral instruction, without any supporting birth certificate or municipal record. Furthermore, no ossification test was conducted to determine the victim's age. Citing a 2023 Supreme Court ruling in P Yuvaprakash vs State, the judge deemed this evidence legally insufficient to prove the victim's age, a crucial element in POCSO cases.
Inconsistencies in Testimony and Medical Evidence
Second, the court found the victim's testimony to be unreliable, noting significant inconsistencies between her statements recorded at different stages of the investigation. This raised doubts about the credibility of the allegations. Additionally, medical examinations conducted on the victim revealed no internal or external injuries, further weakening the prosecution's case. The absence of physical evidence played a key role in the court's decision to acquit the accused.
Context of Domestic Disputes and Legal Implications
The court also considered the backdrop of a troubled marriage marked by frequent domestic quarrels and violence. It observed that the possibility of the victim being tutored "cannot be ruled out," referencing a recent Supreme Court observation that in matrimonial disputes, minor children are sometimes "weaponised" to settle scores under the POCSO Act. This context added another layer of complexity to the case, suggesting that the allegations might have been influenced by familial conflicts rather than factual events.
Release and Broader Implications
As a result of the acquittal, the accused, who remained in custody throughout the prolonged trial, was ordered to be released forthwith. This case underscores the importance of robust evidence and timely judicial processes in legal proceedings, particularly in sensitive matters involving child protection laws. It serves as a reminder of the need for thorough investigation and adherence to legal standards to prevent miscarriages of justice.
