Mumbai: Father acquitted after 11-year-old daughter says made sex crime allegations on behest of cousin

Photo for representational purpose

A 35-year-old single father, accused of sexually assaulting his 11-year-old daughter, was recently acquitted by a special Protection of Children from Sexual Offences (Pocso) Act court after the child's testimony that she made the allegations on behest of her paternal cousin.

The father told the court that the cousin was angry with him as he had made remarks about her character and she wanted to take revenge.

"In all, the prosecution has failed to produce on record cogent and reliable evidence," the court held.

The court also stated that a child who had been subjected to such sexual violence would not insist on living with her father instead of the mother. The alleged incident took place in August 2020 and the man was arrested in October, stated a report in The Times of India.

The court further observed that the father had not engaged an advocate and had maintained that he was being falsely implicated at the instance of the relative. He had also denied all the allegations against him before a doctor. "It is on record that the accused, being her father, would take care of her, even focusing on her studies and cooking for her…it is difficult to believe that he did any wrong thing with the prosecutrix," the court said.

The court also stated that there was no reason for the child to not narrate the incident to her mother when she visited her. "The child was not ready to go with her mother to Panvel when she asked her to. Not only the prosecutrix, but her other two sisters were also staying with their father," the court pointed out.

The special court also observed that since the child was living with her cousin and the accused was behind bars since his arrest, this was not a case of the child being pressured by her parents to depose in favour of the father.