Thane Court Acquits Man After Over 8 Years in Jail in POCSO Case
In a significant legal development, a Thane court has acquitted a man who spent more than eight years behind bars in a sexual assault case registered under the Protection of Children from Sexual Offences (POCSO) Act. The Additional Sessions Judge DS Deshmukh delivered the verdict on February 13, citing critical failures by the prosecution to establish foundational facts in the case.
Prolonged Incarceration and Case Timeline
The accused, an ayurvedic medicine supplier from Kalwa, had been in judicial custody since his arrest in September 2017. He faced serious charges of rape and sexual assault allegedly committed against a minor member of his own family. The case was registered at Kalwa police station and took an exceptionally long time to reach its conclusion.
The legal proceedings dragged on for more than eight years, with actual evidence recording commencing only in November 2022. This delay occurred despite the chargesheet being filed nearly five years earlier, highlighting significant procedural delays in the judicial process.
Critical Legal Failures in Prosecution's Case
Judge Deshmukh acquitted the accused on all charges, pointing to two fundamental failures by the prosecution that undermined their entire case.
First, the prosecution failed to 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. Crucially, no supporting birth certificate or municipal record was produced, and no ossification test was conducted to determine the victim's age.
Citing the 2023 Supreme Court ruling in P Yuvaprakash vs State, the judge held that this evidence was legally insufficient to prove the victim's age, which is a foundational requirement for invoking the POCSO Act.
Unreliable Testimony and Medical Evidence
The court also found the victim's testimony to be unreliable, noting significant inconsistencies between her statements recorded at different stages of the investigation. Furthermore, medical examination revealed no internal or external injuries on the victim, which further weakened the prosecution's case against the accused.
The court took judicial notice of the troubled marital background, observing frequent domestic quarrels and violence within the family. The judgment noted that the possibility of the victim being tutored "cannot be ruled out" in such circumstances.
Broader Legal Context and Supreme Court Observations
In its reasoning, the court referenced recent Supreme Court observations about how minor children are sometimes "weaponised" in matrimonial disputes to settle scores under the POCSO Act. This context informed the court's assessment of the case's circumstances and the reliability of the allegations.
The accused, who remained in custody throughout the prolonged trial, was ordered to be released immediately following the acquittal verdict. The case highlights several critical issues in the Indian judicial system:
- Excessive delays in legal proceedings
- Importance of proper age verification in POCSO cases
- Need for thorough investigation before filing charges
- Potential misuse of child protection laws in family disputes
This acquittal after eight years of incarceration raises serious questions about procedural efficiency and evidentiary standards in sensitive cases involving child protection laws. The judgment emphasizes the judiciary's responsibility to ensure that legal protections are not misused while still safeguarding genuine victims of sexual offenses.
