THE BOMBAY High Court recently acquitted a nearly 29-year-old man in a Pocso case for sexually assaulting a minor and observed that prosecution failed to prove the victim was minor at the time of the incident. The HC said the evidence also created doubt whether she was abducted by accused and was subjected to forcible sexual assault.
A single-judge bench of Justice R M Joshi last month passed an order on an appeal challenging the November 2023 judgment of the special court designated under Protection of Children from Sexual Offences (POCSO) Act which convicted him of offences of kidnapping and rape under Indian Penal Code and provisions of POCSO Act and awarded 10-year imprisonment, of which he served over 6 years.
The victim’s mother lodged a missing person report in March 2019 after her daughter vanished from home, claiming to use the washroom and search for her in surrounding area turned out to be “futile.” On May 14, police detained the accused and victim, following which the girl revealed the alleged incidents to her mother.
As per victim, she met the accused at 11 pm on March 10, while roaming nearby. As the victim was scared, she accompanied him in an auto-rickshaw to his relative’s house, where they stayed for eight days, during which he repeatedly had physical relations with her. As per prosecution, he later took her to Uttar Pradesh, where they stayed in a garden before being detained and brought back to Mumbai.
Advocate Sushan Mhatre for the appellant submitted that the prosecution failed to prove the victim was minor at the relevant time. Therefore, the provisions of Pocso Act would not apply to the present case and victim’s evidence was unreliable to convict the appellant.
Justice Joshi noted that the house of accused person’s uncle, where the two resided for a week also had his wife, two daughters and a son and the victim did not claim that the uncle failed to take cognisance of her grievance, while it was “open to her to make a grievance.”
The judge also said there were police personnel in the train to UP. However, the girl did not make any complaint of abduction with police or any other person to whom she came across. Therefore, the HC said her testimony “creates doubt as to whether she was forcibly taken by the accused along with him” and “whether she was subjected to forcible sexual intercourse” by him.
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The entire evidence on record, the bench noted, “does not prove beyond doubt that the victim was minor at the relevant time, and that she was abducted/kidnapped by the accused from the lawful custody of her parents.”
The court said prosecution failed to prove the guilt of the accused and he “deserves to be acquitted by giving benefit of doubt.”
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
