Six years after a 67-year-old was accused of sexually assaulting a three-year-old child in his neighbourhood, he was acquitted in the case by a special court. The court held that the evidence does not reflect that he has committed the alleged acts.
The man had been out on bail.
The aunt of the toddler had lodged a complaint at the Ghatkopar police station against the accused. She had alleged she had beaten the man after catching him in the act. She said that the neighbours too had joined in hitting him and he then apologized and left the spot.
Designated judge under the Protection of Children from Sexual Offences Act (POCSO) Nazera S. Shaikh said in her judgment that the defence has proved through its cross-examination that there was enmity between the complainant and the accused who are neighbours.
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The court also pointed out that the victim child as well as the child’s mother were not examined, nor were people who had purportedly gathered at the spot.
Judge Shaikh also noted that there was a delay of four days in lodging the complaint and termed these as factors that cloud the case of the prosecution.
“The entire evidence does not reflect that the accused has committed the alleged acts. Hence prosecution failed to prove the guilt of the accused beyond a reasonable doubt,” the judgment stated.
As per the child’s aunt’s complaint, she had returned from work at 4.45 pm and had seen that her daughter, who is a little older than the child, was having something to eat. She said further that nearby, she saw the toddler with her top removed while the accused allegedly touched her inappropriately.
