A special court designated under the Protection of Children from Sexual Offences (POCSO) Act, on Monday, acquitted a 48-year-old man charged with sexually assaulting his daughter. The man had been in prison for more than a year. In its order, the court said that the allegations were made only to put the alcoholic man behind bars under the POCSO Act.
In her complaint lodged at Vikhroli police station, the minor’s mother (who had four other children with the man) stated that, on June 6, 2020, she heard her 17-year-old daughter shouting around 2am, when the family had been asleep. The man had allegedly tried to undress the girl and had slapped her when she resisted. The woman had approached the police later.
During the trial, the wife and daughter did not support their complaint. The wife deposed before the court that her husband, being a drunkard, would beat and harass them. She said she had no complaint against him and wants him released. Similarly, the daughter testified that, because he would drink and beat her mother daily, they decided to put him behind bars. She specifically denied the incident of sexual assault. The daughter also denied recording her statement before a magistrate, which contained the same allegations.
Special judge under the Act Priti Kumar (Ghule) said, in her judgment, that it is seen that the mother and daughter did not support the prosecution case with respect to the sexual assault offence. “It is seen that the allegation of sexual assault was only raised so that the accused can be put in jail under the POCSO Act. The family members are against the drinking habit and dominance of the accused. So they decided to lodge this complaint,” the court said, while acquitting the man, a driver by profession.
