Mumbai: Two men acquitted in POCSO case of relative due to ‘inconsistent evidence’

Pointing out the “inconsistency” in the girl's statement, a special court designated under the Protection of Children from Sexual Offences (POCSO) Act acquitted two of her kin accused of sexually assaulting her. According to the police complaint, both the accused – including the husband of the teen's sister – sexually assaulted the 17-year-old on multiple occasions in 2020. The duo had been out on bail when the verdict came.

The court gave the relief considering the testimony of another relative who stated that a quarrel had ensued between both the parties and the 'victim' had threatened that she would implicate the duo in a false case. The testimony showed that the reason for lodging such a case is clearly a family issue. The overall evidence of the prosecution doesn't bring ingredients of the offence of rape on the minor, underlined the court.

The judgment pointed out that the teen’s statement before a magistrate under section 164 of the Code of Criminal Procedure does not make a single allegation against her sister's husband.

Special Judge Priti Kumar Ghule also stated in the order that it is clear that her testimony before the court is as a result of tutoring during the court break, which was evident during her cross-examination by the defence.