Mumbai, July 4, 2026: The Thane Sessions Court has acquitted a 27-year-old man who was arrested in 2016 under stringent provisions of the Protection of Children from Sexual Offences (POCSO) Act.
The court, in its order, held that the prosecution had failed to prove the charges under the POCSO Act against the man beyond reasonable doubt.
However, Special Judge G.T. Pawar convicted accused Swapnil Dilip Dhotre under Section 352 of the IPC for assault, observing that the evidence established that he physically assaulted the victim, though the prosecution failed to prove that she had suffered "hurt" within the meaning of law.
Case Background
According to the prosecution, the incident occurred on May 16, 2016, when the 17-year-old victim was on her way to a computer class. The FIR alleged that the accused caught hold of her hand, asked whether she would enter into a relationship with him, allegedly slapped her after she refused, and later returned to assault her with fists and kicks. A bystander intervened during the incident, following which the victim informed her family and lodged a police complaint the same evening.
During the trial, the prosecution argued that the victim's testimony, corroborated by her mother and an independent eyewitness, established offences of sexual harassment, stalking and assault.
The defence, however, contended that the victim and the accused knew each other, were Facebook friends and had been in a relationship, alleging that the complaint was lodged under family pressure because of caste differences.
Court's Findings
The court held that while the prosecution successfully proved that the victim was a minor at the time of the incident, the evidence did not establish sexual harassment, stalking, sexual assault or sexual harassment of a child.
Judge Pawar noted that neither the victim nor the supporting witnesses specifically deposed about any act constituting sexual harassment or sexual assault.
Instead, their evidence consistently showed that the accused assaulted the victim after she refused his proposal for a relationship. Consequently, the foundational facts required to invoke the statutory presumptions under the POCSO Act were not established.
The court further observed that the victim's testimony regarding the assault was corroborated by the eyewitness and her immediate disclosure to her mother.
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"But prosecution has failed to prove the injuries caused to victim by producing medical certificate and by examining Medical Officer. It is not the contention of victim that due to assault by accused, she had pain, disease, or infirmity as required under Section 319 of the IPC. Hence, ingredients of causing hurt are not made out, but ingredients of offence of assault punishable under Section 352 of the IPC are made out," the court held, thereby directing the accused to pay a fine of Rs 500 as punishment.
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