Thane Sessions Court Acquits Man Of POCSO Charges After 8 Years; Rules Allegations Were Weaponised In Matrimonial Dispute

Thane, Feb 19: A Thane Sessions Court has acquitted a Kalwa-based man of charges involving the alleged sexual assault of his minor daughter in 2017.

In a scathing observation, the court held that the “colour of a family dispute” led to the filing of these stringent POCSO (Protection of Children from Sexual Offences) charges, resulting in the man facing a legal ordeal for eight years and four months.

The court maintained that the prosecution failed to prove the foundational facts of the case, stating that in the absence of such evidence, the accused deserved an acquittal.

Court cites Kerala High Court precedent

Citing a precedent from the Kerala High Court (XXX v. State of Kerala, 2024), the court noted: “It has been observed that in matrimonial disputes between husband and wife, minor children are often meddled with and weaponised to wreak vengeance under the teeth of the POCSO Act.”

The judge observed that while the accused reportedly used to assault the complainant (his wife) under the influence of liquor, the POCSO case appeared to be an attempt by the wife to save herself from frequent domestic quarrels. The court further noted that the evidence on record did not support a case of sexual assault.

Discrepancies in victim’s statements

The court highlighted significant discrepancies between the victim’s statements recorded under Sections 161 and 164 of the CrPC. Specifically, the victim claimed in one statement that her mother directed her to call an aunt and the police, causing the father to flee — a detail missing from her other testimonies.

“After a conjoint reading of the evidence and considering the frequent quarrels between the informant and the accused, the possibility of the victim being tutored cannot be ruled out,” the court held. “Therefore, the evidence of the victim does not inspire confidence to hold that the accused sexually assaulted his own daughter.”

Medical evidence and witness testimony

The medical examination further weakened the prosecution's case. The medical officer testified that no internal or external injuries were found on the child.

Additionally, the testimony of the victim’s maternal uncle was dismissed as “hearsay,” as he admitted he learned of the incident from others and that the victim had not told him anything directly at the time.

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The prosecution had alleged that the father inappropriately touched the minor and threatened her into silence. The mother claimed she discovered the act only after the child would not stop crying. The father, however, maintained from the outset that he shared a strained relationship with his wife’s family and that the case was a malicious byproduct of that enmity.

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