Mumbai POCSO Case: 56-year-old acquitted after eight years due to scanty evidence

A 56-year-old man, who spent eight years in prison on charges of sexually assaulting a 17-year-old girl with an intellectual disability, has been acquitted by a special POCSO court in Mumbai. The judge ruled that the prosecution failed to prove the accused’s guilt beyond reasonable doubt, highlighting several gaps in the record. The verdict stressed that the evidence presented was scanty and insufficient to establish basic foundational facts necessary to convict.

The case dates back to August 24, 2017, when the FIR was filed alleging that the incident occurred the previous evening in a slum neighbourhood. The girl’s mother claimed she had stepped out to the market, and during that time the neighbour – the accused, described as a driver – allegedly entered the home, kissed the girl, and had physical contact with her. The court noted major discrepancies in key aspects, including the girl’s age, questions about her cognitive abilities, and contradictions between her statements and the medical evidence.

Special Judge ND Khose stated that the evidence presented by the prosecution did not meet the threshold required to prove the accused’s guilt beyond reasonable doubt. The court also took into account that the defence argued the case may have stemmed from prior hostility between the driver and the girl’s family, suggesting possible false implication. In delivering the verdict, the judge emphasized that the benefit of doubt should go to the accused in such circumstances, leading to the acquittal after eight years of imprisonment. The decision underscores the challenges in POCSO cases where inconsistencies and limited evidence can dramatically affect outcomes, and it highlights the ongoing need for thorough, robust documentation to ensure fair judgments for all parties involved.

Cover image source: Mumbai court acquits 56-year-old man after eight years due to ‘scanty’ evidence in POCSO case: Report 🔗

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