Mumbai News: Special POCSO Court Acquits Man After 6 Years, Questions Victim’s Age Proof In 2018 Case
· Free Press Journal
Mumbai, April 8: After having spent nearly 6 years in prison for allegedly eloping with a minor girl and impregnating her in 2018, a 35-year-old man was on Wednesday acquitted by a special POCSO court, holding that the prosecution failed to prove that the girl was a minor at the time of the incident.
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Court questions birth certificate validity
The prosecution had heavily relied on the birth certificate issued by the Registrar Office of Machhali Shahar, Jonpur, State Uttar Pradesh. The birth date as per the certificate is April 15, 2004.
The court, however, noted that the entry of the date of birth of the victim girl was made on May 8, 2019. This means the said entry was added after 15 years and 23 days.
The missing report was registered on November 18, 2018, and the entry of birth of the victim girl was made on May 8, 2019, that is 5 months and 24 days after registration of the missing report, the court observed while refusing to accept the birth certificate as evidence for the age of the minor girl.
Prosecution case and sequence of events
As per the prosecution case registered with Kandivali Police Station, the girl, who was said to be 14 years old, had gone missing on November 18, 2018. Upon inquiry, it was revealed that she had eloped with the accused, who was working in the area where the victim was residing.
The duo had first stayed in Mumbai for some days and later went to Madhavpur, District Allahabad. After three to four months, the father of the victim girl had been to Madhavpur and took the victim girl with him. The victim was found to be pregnant at that time. The accused was arrested on November 24, 2019, and remained in prison thereafter.
Testimonies and court observations
The court, however, said that the prosecution failed to prove that the girl was a minor at the time of the incident. Further, the court relied on the testimony of the owner of the house where the accused and victim had stayed, who testified that the girl did not look like a minor.
"The birthday of the victim girl was celebrated there and neighbours were called for the birthday. From the record, it reveals that, for a few days, the victim and accused resided in Mumbai and then after for four to five months, the victim and accused resided in Allahabad District. Till the father of the victim girl reached their house in Allahabad District, there was no complaint by the victim girl," the court said, adding that she never raised a complaint even while travelling with the accused.
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If all these attending circumstances are considered, it is hardly difficult to accept that the victim girl was kidnapped by the accused, the court said. The court also said that the prosecution further failed to prove beyond reasonable doubt that the accused committed penetrative sexual assault on the victim girl knowing that she was below 18 years of age.
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