After spending 8 years in prison, man acquitted in POCSO case

Mumbai, Dec 7 (PTI) Having spent eight years in prison after being arrested for allegedly sexually assaulting a girl, a 56-year-old man has been acquitted by the trial court citing "scanty evidence".

The statement of the victim, who was said to be suffering from moderate intellectual disability, contradicted other evidence, said the special court for Protection of Children from Sexual Offences Act.

In the ruling delivered on November 28, judge N D Khose held that "evidence adduced by the prosecution is scanty and not sufficient to prove the guilt of the accused beyond reasonable doubt".

As per the prosecution, the incident took place on August 23, 2017, in Kurar area of Malad (East).

The accused, who was the girl's neighbour, allegedly entered her house when she was alone, sexually assaulted her, and threatened her family.

The girl's mother filed a police complaint and the accused was arrested on August 24, 2017, for rape under the Indian Penal Code as well as offences under the POCSO Act.

As per the prosecution, the girl was 17 years old at the time of the incident.

The court, however, found that her evidence "does not inspire confidence as she has not stated in detail what actually happened with her".

"Not only that, the medical evidence on record totally contradicts the evidence of the victim girl," the court said.

Thus, the special judge concluded, "Prosecution has miserably failed to prove that the accused committed rape on victim girl knowing that she was below 18 years of age and insane." The accused should be released forthwith if not wanted in any other case, the court said. PTI AVI KRK