An additional sessions court in Thane has acquitted a 35-year-old man who was accused of sexually harassing and stalking a minor in 2022. The court noted material contradictions between the victim’s testimony in court, her initial complaint, and her statement recorded under Section 164 of the Criminal Procedure Code.
Trial and Detention
The trial lasted over three years, during which the accused spent 23 days in detention. The prosecution alleged that on May 29, 2022, the accused sexually harassed the girl at his residence under the pretext of checking a laptop. Further allegations included stalking her through WhatsApp messages and physical gestures on July 2, 2022. The case was registered at Mumbra police station.
Lack of Evidence
The judge observed that although the purported incident occurred in a populated building, the prosecution failed to produce any independent witnesses. Additionally, the investigation was deemed incomplete as the police did not seize the accused’s phone to verify the alleged messages. There was also no medical evidence to support the victim’s claim that she had bitten the accused during a struggle.
Legal Implications
Because the foundational facts were not established, the court concluded that the statutory presumptions under the Protection of Children from Sexual Offences (Pocso) Act could not be invoked. Consequently, the judge acquitted the accused of all offences, including those under the Indian Penal Code (IPC). Following the acquittal, the court ordered the cancellation of the man’s bail bond and the discharge of his sureties.
This case highlights the importance of consistent witness statements and thorough investigation in securing convictions under special laws like the Pocso Act.
