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Man Acquitted in POCSO Case After 7 Years in Jail Due to Unreliable Evidence

Man Acquitted in POCSO Case After Spending 7 Years in Jail Due to Doubtful Identification

A 41-year-old man was acquitted in a POCSO case after spending seven years in jail, as the special court ruled there was not enough reliable evidence to prove he was guilty. The court found that the victim’s identification of the accused was unclear and inconsistent.

The case involved a mentally disabled child, and during identification, she initially said she didn’t recognize the accused. Only after the public prosecutor pointed to the man and asked a direct question, the child said “yes,” creating doubt about her original statement.

The man had applied for bail four times over the years, but the POCSO court rejected all applications until the final verdict.

According to the child’s mother, the first assault happened in July 2015, and again on September 29, 2015, when the accused allegedly raped the child near a public toilet. She said she found blood on the child’s undergarments, but didn’t go to the police immediately out of fear for her family’s reputation. The FIR was filed only after the accused’s brother beat her son on October 1, 2015.

However, the court noted contradictions in the victim’s testimony, especially during identification. The special judge Harsha Chetan Shende remarked that the victim’s evidence lacked consistency and could have been influenced or tutored by others.

The judge said,

“When two possibilities exist, the one that favors the accused must be chosen. The evidence here is not strong or clear enough to convict the accused.”

Due to unreliable and doubtful evidence, the court acquitted the man, stating that justice must favor the accused when the truth is uncertain.

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