Thane, March 12: The Thane Sessions Court has acquitted a 20-year-old man who was charged with the alleged offence of outraging the modesty of a minor girl and offences under the Protection of Children from Sexual Offences (POCSO) Act, observing that the prosecution failed to establish the allegations beyond reasonable doubt.
The court, in its order copy, maintained that in the evidence it has been clearly noted that the mother had an objection to their relationship as the accused boy belonged to a lower caste. The order was passed by Additional Sessions Judge D.S. Deshmukh.
Complaint lodged in 2020
According to the prosecution, a 16-year-old girl had lodged a complaint at Kasarwadavali Police Station on May 21, 2020. She alleged that the accused had been allegedly stalking her since March 2019 while she was going to tuition classes and had once caught her hand and behaved inappropriately.
Her statement further claimed that on May 20, 2020, the accused was seen standing near her building and looking towards her window.
Charges registered under IPC and POCSO Act
Based on the complaint, police registered an offence under Sections 354 and 354-D of the Indian Penal Code along with Sections 11 and 12 of the POCSO Act.
During the trial, the prosecution examined five witnesses, including the victim, her mother, her uncle and the investigating officer.
Court notes inconsistencies in testimonies
However, the court found several inconsistencies in the testimony and noted that the alleged incidents of 2019 and March 2020 were not reported to the police at the time they allegedly occurred.
The court also observed that the victim admitted during cross-examination that she and the accused were acquainted and used to speak on the phone, which was known to her mother.
The victim’s mother also admitted during cross-examination that her family belonged to an upper caste while the accused belonged to a lower caste, a factor that was brought on record during the trial.
Lack of evidence and sexual intent
The judge further noted that the alleged incident of the accused looking towards the victim’s window did not establish “sexual intent,” a necessary element to prove the offences under the POCSO Act.
The court also observed that no independent witnesses were examined despite the alleged incident having taken place in a public area.
“In the backdrop of the entire testimony on record, the offences levelled against the accused are not established,” the court said, adding that the prosecution failed to prove the foundational facts required to draw presumptions under the POCSO Act.
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Holding that the charges were not proved beyond reasonable doubt, the court acquitted the accused of all the charges.
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