A 56 year old man who spent eight years in prison on charges under the Protection of Children from Sexual Offences Act has been acquitted by a Mumbai court, which found the evidence against him insufficient.
The special POCSO court ruled on 28 November that the prosecution had failed to establish the charges beyond reasonable doubt. Judge N D Khose said the “evidence adduced by the prosecution is scanty and not sufficient to prove the guilt of the accused beyond reasonable doubt”. The man had been arrested for allegedly sexually assaulting a girl described as having moderate intellectual disability. However, the court noted that the girl’s statement did not align with other material placed on record. The contradictions, the judge observed, weakened the prosecution’s case to the extent that a conviction could not be sustained.
The court stressed that in criminal trials the burden lies entirely on the prosecution to prove guilt, and any significant inconsistency must be weighed in favour of the accused. It held that the shortcomings in the evidence left no legal basis to uphold the charges. The acquittal brings an end to the man’s prolonged incarceration, which began shortly after his arrest eight years ago. Court officials said the ruling underscores the requirement for reliable, consistent and corroborated testimony in cases involving vulnerable witnesses.
The judgment has been communicated to the prison authorities for necessary action.
