Thane: The special Protection of Children from Sexual Offences (POCSO) Act court presided by special judge P R Ashturkar, acquitted a 33 year old man who was allegedly sexually assaulted a minor boy in 2018. The court while acquitting the accused held that the prosecution failed to prove the charges of assault, criminal intimidation and threatening, which were levelled against the accused. The court also maintained that there were several inconsistencies and loopholes in the prosecution’s case.
The order copy specifies that the prosecution not only failed to prove the basic evidence, but also failed to prove the prove the FSL reports . Then FSL reports produced before the court, could not specify if the blood found on the clothes, either belonged to the accused or the victim.
The prosecution’s case dates back to May 30, 2018, where the 33-year-old accused, resident of Ulhasnagar who was the friend of an acquaintance of the boy, had allegedly sexually assaulted the victim. The victim had alleged that the accused offered him a ride back home, but took him to a secluded area, consumed liquor and sexually assaulted him.
“The saga of half-hearted investigation doesn’t end here…..The doctor who examined the victim did not find any injury, abrasion or change in colour near the private parts of the victim. However, a surgeon found that there was injury to the internal part of the victim’s private part. Unfortunately, the prosecution failed to examine the surgeon. The medical witness has rather admitted that the injury could have occurred due to other reasons, and the surgeon’s report lacked crucial details, such when the injury happened…..To sum up, the prosecution has utterly failed to prove that a minor was kidnapped by the accused and sexual assault was committed on him,” the court remarked.
