A special POCSO court in Thane has acquitted a man charged with kidnapping and sexual assault after the prosecution failed to present cogent and reliable evidence. The victim, a minor aged 16 at the time of the alleged offence in June 2021, admitted in cross-examination that she had willingly left home with the man and that he never forced her to do anything.
Court Observations
Special Judge SP Agarwal noted that the victim admitted to being in a love relationship with the accused for two to three years prior to the incident. She further stated that she voluntarily accompanied him from Thane to Khamgaon in Buldhana district by bus.
The court observed that the girl's oral evidence was "completely silent" on the specifics of any alleged sexual relations, including when, where, and on what occasions the man allegedly assaulted her. This made it impossible for the prosecution to establish the charges beyond reasonable doubt. While the girl stated before the magistrate that she shared consensual physical relations with the accused, she gave no corresponding testimony during trial.
Medical and Investigative Findings
The medical witness confirmed that there were no external injuries on the victim. The investigating officer admitted in cross-examination that the two shared a love relationship that was unacceptable to the girl's family, and that no complaint was filed against the accused prior to the FIR being registered.
The court further noted that the girl herself admitted during cross-examination that at the time of the alleged offence she was mature enough to understand the nature and consequences of her actions. Evidence on record showed that the victim stepped out of her home on her own and travelled with the accused from Thane to Khamgaon by bus, after which they were spotted at a bus stand and she was brought back by the police team.
Acquittal
Holding that the prosecution failed to prove all offences beyond reasonable doubt, the court acquitted the accused of all charges under IPC Sections 363 and 376(2)(n) and multiple sections of the POCSO Act, 2012.
