Thane court acquits man accused of molesting minor girl, cites lack of evidence

A Thane court has acquitted a man accused of molesting a minor girl in 2021 highlighting discrepancies in the prosecutions case including failure to prove the victims age and a lack of corroborating evidence reported news agency PTISpecial Judge Ruby U Malvankar in the order on September 12 found Akash Santosh Kolhe 32 not guilty of offences under Indian Penal Code Section 354 molestation and provisions of the Protection of Children from Sexual Offences POCSO Act reported PTIA copy of the order was received on WednesdayThe case was registered on December 17 2021According to the First Information Report FIR the girl then aged 17 had gone to an open space near a bus stop with her younger sister to use a toilet reported PTIThe younger sibling later returned alone and informed their mother that the accused had approached the victim from back dragged her and molested herThe family later approached the police and the FIR was registeredJudge Malvankar pointed out several major flaws in the prosecutions evidenceA crucial requirement for a POCSO Act case is to establish that the victim is a child aged under 18The Thane court found the prosecution failed to provide any credible proof of the victims ageIn this case though the victim prosecution witness in her testimony stated her date of birth to be 192005 however no birth certificate or any other authentic documentary evidence substantiating the same has been produced on record by the prosecution the judge said reported PTIThe prosecution also did not present any independent witnesses who could verify the schoolleaving certificate which the investigation officer mentioned the judge notedThe Thane court highlighted the inconsistencies between the victims testimony and the FIRThe victim stated in the court that the incident took place in an enclosed public toilet a detail that was contradicted by the FIR and the spot panchnama inspection which described an open space with shrubsFurthermore the prosecution failed to recover key evidenceThe clothes of the victim do not appear to have been seized by the police The rope allegedly used by the accused has also not been recovered The FIR does not make a mention of any use of rope by the accused while committing the alleged act Hence there is an apparent discrepancy in the description of the alleged act as narrated by the victim with that mentioned in the FIR the judge said reported PTIThe Thane court noted that the investigation suffered from inherent lacunaeA critical prosecution witness the victims younger sister who was reportedly present at the scene was not examinedIncidentally the prosecution does not appear to have examined the eyewitness in this case who had herself seen the accused committing the alleged act with the victim and that creates a bigger lacuna in the case of the prosecution the court observed reported PTIAdditionally the Thane court found the testimony of the panch witness to be unreliable as he admitted to having prior acquaintance with the investigation officer and had acted as a panch in other casesGiven these significant doubts the court concluded that the prosecution failed to prove its case beyond a reasonable doubtHence the accused was given the benefit of the doubt and was acquittedWith inputs from PTI