A special court in Thane, dedicated to cases under the Protection of Children from Sexual Offences (POCSO) Act, has delivered a mixed verdict in a sensitive case involving a minor girl. The court convicted a 26-year-old man for sexually assaulting a 14-year-old schoolgirl but acquitted him of the more severe charge of rape, citing serious flaws in the police investigation and contradictory evidence.
Court's Verdict and Sentencing
The accused was found guilty of molestation and sentenced to five years of rigorous imprisonment. The court also imposed a fine of Rs 5,000. However, in a significant turn, the judge cleared him of the charges of penetrative sexual assault (rape). The ruling highlighted that the evidence for the rape allegations was not trustworthy due to multiple investigative failures.
Details of the Allegations and Investigation Flaws
The case dates back to March 2020, when the minor girl filed a complaint. She stated that the accused had befriended her in December 2019. He would allegedly pick her up after school in his autorickshaw, offer her treats, and then touch her inappropriately.
However, the prosecution's case for rape crumbled under judicial scrutiny. The court pointed out "several lapses, lacunae as well as improvements and material contradictions" in the evidence regarding repeated penetrative assault. Critically, the medical examination revealed no external injuries on the victim, despite her claims of forcible intercourse. Furthermore, DNA reports yielded no positive findings linking the accused to the crime.
Another major lapse noted was the failure of the investigation agency to examine the minor's school principal, who was deemed a material witness in the case.
Establishment of Molestation and Legal Outcome
While the rape charges did not hold, the court was convinced beyond reasonable doubt about the acts of molestation. The judge stated that the evidence firmly established incidents of inappropriate touching and kissing, which constituted an outrage of the girl's modesty under the law.
This verdict underscores the critical importance of a watertight investigation in POCSO cases. While justice was served for the crime of molestation, the acquittal on rape charges serves as a stark reminder of how procedural lapses can impact the pursuit of complete justice for victims.
