Man cleared of sexual abuse charges, court says complaint filed against him for alerting child helpline on child labour

In 2014, an FIR was filed against the accused, who lived in the same neighbourhood as the 13-year-old girl. The victim was an orphan and she was brought to Mumbai to live with her aunt in 2013. The girl’s aunt had said in her complaint that in September and November 2014, the accused had called her and said that her election card was delivered to his home. She sent her niece to collect it. It was alleged that the accused then sexually abused the minor.

An FIR, filed on December 16, 2014, under sections including the Protection of Children from Sexual Offences Act, said the incident took place on November 24, 2014.

The court said that the girl’s aunt had admitted in her cross-examination by the accused’s lawyer that on December 5, 2014, he had made a complaint against her and her husband on a child helpline. A social worker from the helpline visited her house on December 15, 2014. The court said that the delay in the filing of the FIR was not explained and raised a question of why the victim’s aunt had not immediately approached the police after the incident.

The court also said that it was not possible to believe that the accused had possession of her election card as he had no authority to collect it on her behalf. The court said that it was important in this background to examine the victim but she was not brought before the court despite efforts by the prosecution. It also said that the victim’s age was not proven before the court to show that she was a minor.

While the case took nearly eight years to be completed, the accused was released on bail within a month after being arrested in 2014.