Mumbai: The special POCSO court has acquitted a 44 year old teacher of coaching classes from Noorbaug, booked for allegedly sexually assaulting a minor student in October 2017, disbelieving the testimony of the victim girl. The court found several contradictions and loopholes in the student's version, while the teacher had claimed that a false case was lodged against him as he demanded the girl to pay the fees.
Student Had Joined Coaching Classes In 2017
As per the case lodged with the JJ Marg police station, her daughter aged 16 years had joined the classes run by the accused in July 2017, to clear examinations of 10 privately. It was claimed that on October 21, 2017, the girl had been to the tuition classes at about 2:45 pm.
The mother claimed that she and her friend were called by the accused teacher for special classes. After returning from the classes, the girl was upset. When she was confronted by her sister, she revealed that the accused teacher had molested her in the classes. The family hence had lodged the complaint against the teacher.
Court Notes Contradictions In Testimony
During the trial, the defence had pointed out several contradictions in various statements given by the victim to the police and later in her testimony. Besides, it was pointed out that the incident is said to have happened at 3 between 3:30 and she reached home only after 5 pm. The defence hence had pointed out that what is the reason for her to stay on the incidence spot till 5.00 pm. Besides, police had collected CCTV footage but that is also not supporting the prosecution case.
The court also noted that the victim had said that she had immediately called her mother to narrate the incident. To this the court said, “question arises that why she is stayed in the class till 5.00 p.m. when her mother got a knowledge immediately about the incidence why she has not come in the tuition class and asked question to the accused.”
Teacher Claimed False Case Over Fees Dispute
The accused on the other hand in his defence claimed that his tuition fees was not paid by the victim and it was paid in the month of September 2017. In fact, she joined the class in the month of June 2017 and therefore, he demanded fees from the victim and also sent her back to her home twice. Therefore, she felt insulted and because of that, a present complaint came to be filed.
The defence claimed that all this has been admitted by the victim in her cross examination. Besides, the defence also pointed out that her other cousins are still attending the classes run by the accused. Considering all this, the court acquitted the teacher observing, “there is a major contradiction and omission in the evidence of the victim girl and her mother. Moreover, there is no consistency in their version. Two days delay in lodging the FIR, which is not properly explained.”
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