A special POCSO (Protection of Children from Sexual Offences) court in Pune has acquitted a 40-year-old man accused of repeatedly sexually assaulting his minor daughter, holding that the prosecution failed to establish the charges beyond reasonable doubt.
Special Judge under the POCSO Act DS Deshmukh passed the order on August 10, acquitting Munjaba Tukaram Deshmane of Bhagyoday Nagar in Kondhwa. The case stemmed from an FIR registered at Kondhwa police station under Sections 376(2)(n), 354(a), 323, 504 and 506 of the Indian Penal Code and Sections 4, 6, 8 and 12 of the POCSO Act. The alleged offences took place between April 2023 and May 28, 2024, while the FIR was registered on June 15, 2024.
According to the prosecution case, the girl alleged that her father, who frequently consumed alcohol, had sexually assaulted her at their home in April 2023 and repeated the assault subsequently. She allegedly remained silent due to threats and disclosed the incidents to her cousin on May 28, 2024. Her mother then learnt about the allegations and a complaint was lodged with the police.
During the investigation, police conducted a spot panchnama, seized the clothes of the accused and the victim, recorded witness statements, collected the victim’s birth certificate and conducted medical and forensic examinations. A charge sheet was subsequently filed.
{{/usCountry}}During the investigation, police conducted a spot panchnama, seized the clothes of the accused and the victim, recorded witness statements, collected the victim’s birth certificate and conducted medical and forensic examinations. A charge sheet was subsequently filed.
{{/usCountry}}The accused denied the allegations and claimed that his wife, with the help of their daughter, had lodged a false case against him due to domestic disputes.
The prosecution examined only two witnesses—the victim and her mother. Their testimony proved crucial to the outcome.
The court noted that the victim did not support the prosecution’s allegation of penetrative sexual assault. During cross-examination by the prosecution, the court found that “nothing incriminating is brought on record against the accused”.
The judgment records that the victim told the court that she and villagers had gone to the police station after her father allegedly abused villagers while under the influence of alcohol. She also stated that her signatures had been obtained at the police station and that she had given her statement before the magistrate “on say of police”.
The victim’s mother also did not support the prosecution. The court observed that she made no incriminating statement against the accused and, during cross-examination by the defence, stated that she had “no complaint against the accused”.
The court said the admissions made by both witnesses were “helpful to the accused instead of prosecution case”. It noted that the victim’s statement recorded under Section 164 of the CrPC did not support the prosecution’s case.
“Foundational facts are not proved. Therefore, the presumptions under the POCSO Act can not be drawn,” the court said, acquitting Deshmane of all charges. He was also directed to execute a personal bond and surety bond of ₹15,000, valid for six months.