Mumbai Crime News: Worli Man Acquitted In 2019 POCSO Case After Court Finds Inconsistencies

In a significant ruling, a special POCSO court has acquitted a 76-year-old man from Worli, who was accused of molesting and kissing a 10-year-old girl in a lift in August 2019. The court ordered his acquittal after identifying multiple loopholes and inconsistencies in the case presented by the prosecution, which was lodged by the girl's mother.

The Prosecution's Allegations

The prosecution had claimed that on August 10, 2019, at around 9:45 am, the incident occurred while the girl was in the lift. It was alleged that the accused entered the lift, molested her, and kissed her as she traveled from the ground floor to the second floor to deliver a tiffin to her grandmother.

The family's routine was outlined in court: both parents worked, with the mother leaving by 9 am after preparing food. The father would typically drop the girl at school, and the mother would pick her up later. The girl was on the errand to her grandmother's floor when the alleged crime was said to have taken place.

According to the prosecution, the girl informed her parents about the incident later that night at around 9:30 pm, following which a formal complaint was lodged.

The Defence's Counter-Narrative

The defence presented a starkly different version of events, arguing that a false case was fabricated as an act of retaliation. The defence claimed that the accused had scolded the girl for playing with the lift, which angered her parents.

It was further alleged that the girl's father and others went to the accused's house and beat him up because of this scolding. The defence suggested the FIR was a direct consequence of this confrontation.

The Court's Findings and Reasoning

The court's judgment highlighted several critical flaws in the prosecution's case. It noted, "the victim girl delayed disclosing the alleged incident despite being in contact with several trusted adults throughout the day including her father, grandmother, and tuition teacher."

The judgment also pointed to the timing of the FIR. "The mother admitted that the FIR was lodged only after a confrontation with the accused and the victim's cross-examination revealed an alternate version that she was scolded for playing with the lift, which angered her parents."

Summarizing its decision, the court stated, "The victim took a long time to tell anyone about the incident, and there are no other witnesses or proof to support her story. In contrast, the defence gives a clear and consistent version of events, backed by medical records and what the witnesses admitted during questioning. Taken together, these points create serious doubt about the prosecution’s story and support the defence claim that the accused was falsely blamed because of a personal fight."

Based on this reasonable doubt, the court acquitted the man.