Thane, Jan 15: The Special Prevention of Children Against Sexual Offences Act (POCSO) Court, Thane, has acquitted a 72-year-old man, Anil Vitthalrao Gulgule, of charges related to the alleged sexual harassment of a 13-year-old girl in 2016.
Prosecution fails to prove case
The judgment, passed by Special Judge Ruby U. Malvankar, maintained that the prosecution failed to prove the allegations beyond a reasonable doubt.
“It appears that the evidence in respect of the alleged incident against the accused is too weak and unsatisfactory. The evidence of the victim required corroboration, and the available evidence does not lend that corroboration. The benefit of this doubt must be extended to the accused. It cannot be said that the prosecution has established the foundational facts thoroughly enough to give rise to the statutory presumptions under Sections 29 and 30 of the POCSO Act. The acts allegedly committed by the accused stand not proved beyond reasonable doubt. Therefore, none of the offences for which charges were framed against the accused stand proved beyond reasonable doubt,” the order copy reads.
Background of the case
The case dates back to October 27, 2016, when a 13-year-old student filed a First Information Report (FIR) at the Chitalsar Police Station. The victim alleged that while she was walking to a market in Dharmaveer Nagar around 7:00 pm, an elderly man—later identified as Gulgule—showed objectionable sexual actions by unzipping his pants.
According to the prosecution, the victim had noticed the man in the area since August 2016, alleging that he would repeatedly smile at children and touch his clothing in an inappropriate manner. On the evening of the incident, the victim raised an alarm, and nearby residents detained Gulgule until police arrived.
Charges framed
Gulgule was charged under Section 354A (sexual harassment) and Section 294 (obscene acts in public) of the Indian Penal Code, as well as Sections 11 and 12 of the Protection of Children from Sexual Offences (POCSO) Act.
Defence arguments
Throughout the trial, Gulgule, who was represented by advocate Swapna Kode, maintained his innocence. Advocate Kode contended that the accused was a fragile, elderly person who walked slowly to fetch vegetables and that the victim might have misinterpreted his presence as “chasing” her. She further argued that he lacked the physical strength to engage in the behaviour described.
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Court’s conclusion
After going through the evidence on record, the court held that the evidence regarding the alleged criminal acts was insufficient.
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