A 41-year-old man who spent seven years in jail under the POCSO Act has been acquitted by a special court. The court observed that the case might involve mistaken identity, as the mentally disabled child’s statements about identifying the accused were inconsistent.
Court Observations
The special court ruled that the accused’s identification was not supported by reliable and acceptable evidence. During the identification process, the victim initially stated she did not recognize the accused, even after looking directly at him. However, when the special public prosecutor pointed to the accused and asked if he was the one who assaulted her, the victim responded affirmatively.
Defense and Case Details
The defense lawyer, Kalpana Waskar, argued that the case was one of false implication. The accused’s attempts to secure bail had been rejected four times over the years by the special POCSO court.
According to the child’s mother, a widow, the accused first assaulted the child in July 2015. She claimed the accused raped the child on September 29, 2015, after beating her near a public toilet. When the child reported the incident, the mother found bloodstains on her undergarments. Fearing social stigma, she delayed filing a police complaint. The mother finally approached the police on October 1, 2015, after a separate incident where the accused’s brother beat her son.
Contradictory Statements
The court highlighted discrepancies in the victim’s testimony, raising doubts about the reliability of her identification. These inconsistencies cast significant doubt on the prosecution’s case.
Court’s Ruling
The special judge, Harsha Chetan Shende, emphasized the importance of clear and credible evidence in criminal cases. “If two interpretations are possible, the one favoring the accused must be adopted,” the judge stated.
The court also noted the possibility that the victim may have been influenced or tutored by interested parties. As a result, the victim’s testimony was deemed doubtful and insufficient to convict the accused.
The man was acquitted, and the court emphasized that criminal convictions must be based on evidence of the highest quality.
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