THANE: A man who spent over 8 years behind bars was acquitted by a Thane court on Feb 13, after the prosecution failed to establish key foundational facts in a sexual assault case filed under the Protection of Children from Sexual Offences (Pocso) Act.The accused, an ayurvedic medicine supplier from Kalwa, was in jail since his arrest in Sep 2017, facing charges of rape and sexual assault allegedly committed against a minor member of his own family. The case, registered at Kalwa police station, took more than 8 years to reach its conclusion, with actual evidence recording commencing only in Nov 2022, nearly 5 years after the chargesheet was filed.Additional sessions judge DS Deshmukh acquitted the accused on all charges, citing 2 critical failures by the prosecution.The court held that the prosecution could not legally establish that the victim was a “child” under the POCSO Act. The only document produced was a school admission form where the date of birth was entered solely on the mother’s oral instruction, with no supporting birth certificate or municipal record. No ossification test was conducted either. Citing a 2023 Supreme Court ruling in P Yuvaprakash vs State, the Judge held this was legally insufficient to prove the victim’s age.The court also found the victim’s testimony unreliable, noting inconsistencies between her statements recorded at different stages of the investigation. Medical examination found no internal or external injuries on the victim, further weakening the prosecution’s case.The court noted the backdrop of a troubled marriage marked by frequent domestic quarrels and violence, observing that the possibility of the victim being tutored “cannot be ruled out”. It referenced a recent Supreme Court observation that in matrimonial disputes, minor children are sometimes “weaponised” to settle scores under the Pocso Act. The accused, who remained in custody throughout the prolonged trial, was ordered to be released forthwith.
