After 12 years in jail, Mumbai man cleared in Pocso case

A sessions court in Maharashtra has acquitted a 35-year-old man who spent 12 years in prison after being charged under the Protection of Children from Sexual Offences Act for the alleged gang rape of a minor, citing gaps in evidence and inconsistencies in testimony.

The Dindoshi Sessions Court found that the prosecution failed to establish the case beyond a reasonable doubt, leading to the man’s release more than a decade after his arrest.

The case dates back to November 2, 2014, when a widow lodged a complaint at Dahisar police station against her neighbour and others. She has three daughters and a son.

According to the complaint, her 11-year-old daughter had reported pain in her private parts about a month earlier. The mother did not attach much significance to it as the child had recently begun menstruating.

On October 31, the woman returned home early and found her daughter missing. She later traced her to the residence of the accused along with others.

After being reassured, the girl told her that the neighbour and others showed her obscene videos and had established a sexual relationship with her while warning her not to disclose the matter.

TRIAL AND DEFENCE

The accused denied the allegations and claimed he had been falsely implicated. A full trial followed.

During the proceedings, the court examined statements recorded by the police and the magistrate and found “serious inconsistencies” in the victim’s versions. The prosecution also failed to clearly establish the girl’s age on record.

COURT FLAGS GAPS IN EVIDENCE

The court pointed to discrepancies regarding the clothes of the victim, which it considered important in establishing the case.

While medical evidence showed a ruptured hymen, the court said this alone could not prove sexual assault.

“Only rupture of hymen cannot be the sole criteria to opine about sexual intercourse,” the court observed, adding that corroborative evidence was necessary.

The court also questioned the delay in filing the FIR. It noted that the complaint was registered after neighbours advised the mother, with no clear explanation for the delay.

“Prompt registration of FIR is one of the indications of the happening and truthfulness of an incident. If there is an inordinate, unexplained delay, there is every scope to infer that the FIR might have been registered after thought,” the court said.

It further said there was no clear evidence showing that the accused had threatened the victim or explained why the alleged incident was not disclosed for nearly a month.

On the allegation that obscene videos were shown to the child, the court noted that no mobile phone report was placed on record to support the claim.

VERDICT

In view of the inconsistencies, lack of corroboration and gaps in the investigation, the court acquitted the accused, bringing to an end a case that had kept him behind bars for over 12 years.

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