Single Sentence That Accused Touched Victim's Breast Not Sufficient To Prove Charges: Mumbai Court Acquits Man in POCSO Case

Judge Kalpana K Patil of Special POCSO Court in Mumbai recently acquitted a 25-year-old man booked under the POCSO Act and IPC while noting that there was a delay in disclosing the incident by the victim and that the victim was under intoxication during the said incident.

The alleged incident took place against the victim when she had gone for rag picking. The accused had taken the victim to Kalyan and touched her breast under the bridge. When someone approached the accused, he ran away from there. The victim knew the accused. The victim then went to Amberneth to her brother’s place and after her brother dropped her back at her house, she disclosed the said incident to the mother and a complaint came to be filed.

The court said that the absence of the date or time of the incident, and the delay in approaching police could not be ascertained. The court also noted that the oral evidence of the victim was vague in nature and there was no reference to force by the accused. The court said,

“There is no reference of any force by the accused to the victim for leaving her mother's house. She has not specifically pointed out the day, date, time or the exact place where accused touched her breast. During the course of cross-examination, victim has admitted that she was taking intoxicants at that time.”

The Special Court also observed that after recording the victim's statement, the police came to know about the touching of the victim's breast by the accused and that there was no explanation by the victim for not disclosing the fact immediately to her brother or mother. Further, she had not explained as to why she did not approach the police immediately after the incident, court pointed out..

While noting that a single sentence of the victim cannot prove the charge against the accused the court said,

"Delay in disclosing the incident to her brother and the fact that victim used to take intoxicants her single sentence that accused touched her breast under the bridge is not sufficient for proving charge against accused u/Section 8 of POCSO Act."

The court while acquitting the accused noted, “Hence, from the entire prosecution evidence, it appears that prosecution evidence is vague in nature and not sufficient for proving guilt of the accused”.

Case Title: State of Maharashtra vs Gautam Jagannath Shirsath