Thane court acquits man in 2018 sexual assault case due to weak prosecution
The court acquitted a 33-year-old man accused of sexually assaulting a minor, highlighting significant gaps in the prosecution's evidence
A court in Maharashtra's Thane district has acquitted a man accused of sexually assaulting a 15-year-old boy in 2018, reprimanding the prosecution for a "half-hearted" investigation.
The court of special judge P R Ashturkar, dealing with cases under the Protection of Children from Sexual Offences (POCSO) Act, in the order on February 3 said the allegations of assault, criminal intimidation and threatening were also not duly proved.
A copy of the order was made available on Tuesday.
The prosecution alleged that the 33-year-old accused, resident of Ulhasnagar who was the friend of an acquaintance of the boy, sexually assaulted the victim on May 30, 2018.
The victim claimed the accused offered him a ride back home, but took him to a secluded area, consumed liquor and sexually assaulted him.
The accused was booked under various legal provisions, including the Protection of Children from Sexual Offences (POCSO) Act.
The judge, however, highlighted several inconsistencies and gaps in the prosecution's case.
In the evidence adduced by the prosecution, not a single witness had deposed that bloodstains (of the victim's clothes) were seen by them either during the seizure panchanama (spot inspection) or otherwise, the court observed.
The FSL (forensic science laboratory) report, while mentioning bloodstains, failed to specify whether the blood belonged to the victim or the accused, it said.
The court also pointed out the prosecution's failure to examine two crucial witnesses.
The judge observed that their absence created a significant gap in the prosecution's narrative, suggesting they might have been deliberately omitted, he said.
"The saga of half-hearted investigation doesn't end here," the judge observed.
"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 anus. Unfortunately, the prosecution failed to examine the surgeon," the court said.
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The medical witness admitted the injury could have occurred due to other reasons, and the surgeon's report lacked crucial details, such when the injury happened, it said.
"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 said.