Thane: A special POCSO court in Thane has acquitted a man after an 11-year trial in a case involving allegations of rape, criminal intimidation and offences under Protection of Children from Sexual Offences (POCSO) Act, holding that the prosecution failed to prove the charges beyond reasonable doubt.Additional Sessions Judge SP Agarwal, in a judgment delivered on July 29, granted the accused the benefit of doubt after finding significant inconsistencies in the prosecution’s case.According to the prosecution, the survivor, who was around 15-16 years old at the time of the alleged incidents, claimed that the accused, a colleague of her father who frequently visited their home, had sexually assaulted her repeatedly between 2013 and October 2015. An FIR was registered at Vartaknagar police station in October 2015.While acquitting the accused, the court observed that there was an unexplained delay of nearly two years in reporting the alleged abuse despite the prosecution’s claim that it had continued over a prolonged period.The court further noted that the survivor’s conduct, as reflected in the evidence, did not support the prosecution’s case of continuous fear or coercion, observing that she continued her routine activities and travelled with the accused without raising an immediate alarm.The judgment also recorded that the medical examination did not reveal injuries, signs of struggle or evidence corroborating the allegations following the last alleged incident. The Chemical Analyser’s report also did not yield any incriminating evidence.The court held that the testimonies of the prosecution witnesses, including the survivor and her father, contained material contradictions and improvements that affected their credibility. Concluding that the prosecution had failed to establish the charges beyond reasonable doubt, the court acquitted the accused, cancelled his bail bonds and passed consequential orders regarding the seized property.
