Discrepancies in girl’s statements, man let off in Pocso case

Thane: Noting material contradictions between the victim’s testimony in court, her initial complaint and her statement recorded under Section 164 of Criminal Procedure Code, an additional sessions court in Thane acquitted a 35-year-old man accused of sexually harassing and stalking a minor in 2022.

The trial lasted over three years. The accused spent 23 days in detention.

The prosecution alleged that on May 29, 2022, the accused sexually harassed the girl at his residence under the pretext of checking a laptop. Further allegations included stalking her through WhatsApp messages and physical gestures on July 2, 2022. The case was registered at Mumbra police station.

The judge noted that although the purported incident occurred in a populated building, the prosecution failed to produce any independent witnesses. Besides, the investigation was deemed incomplete as police did not seize the accused’s phone to verify the alleged messages, nor was there any medical evidence to support the victim’s claim that she had bitten him during a struggle.

Because the foundational facts were not established, the court concluded that the statutory presumptions under Pocso Act could not be invoked. Consequently, the judge acquitted the accused of all offences, including those under IPC. Following the acquittal, the court ordered the cancellation of the man’s bail bond and the discharge of his sureties.