Thane courtroom acquits man in 2018 sexual assault case as a consequence of weak prosecution
A courtroom in Maharashtra’s Thane district has acquitted a person accused of sexually assaulting a 15-year-old boy in 2018, reprimanding the prosecution for a “half-hearted” investigation.
The courtroom of particular decide P R Ashturkar, coping with instances underneath the Safety of Youngsters from Sexual Offences (POCSO) Act, within the order on February 3 mentioned the allegations of assault, prison intimidation and threatening have been additionally not duly proved.
Additionally learn: 3 academics held for sexually assaulting 13-year-old schoolgirl in Tamil Nadu, despatched to 15-day police remand
A duplicate of the order was made accessible on Tuesday.
The prosecution alleged that the 33-year-old accused, resident of Ulhasnagar who was the buddy of an acquaintance of the boy, sexually assaulted the sufferer on Might 30, 2018.
The sufferer claimed the accused supplied him a experience again dwelling, however took him to a secluded space, consumed liquor and sexually assaulted him.
The accused was booked underneath varied authorized provisions, together with the Safety of Youngsters from Sexual Offences (POCSO) Act.
The decide, nevertheless, highlighted a number of inconsistencies and gaps within the prosecution’s case.
Within the proof adduced by the prosecution, not a single witness had deposed that bloodstains (of the sufferer’s garments) have been seen by them both in the course of the seizure panchanama (spot inspection) or in any other case, the courtroom noticed.
The FSL (forensic science laboratory) report, whereas mentioning bloodstains, didn’t specify whether or not the blood belonged to the sufferer or the accused, it mentioned.
The courtroom additionally identified the prosecution’s failure to look at two essential witnesses.
The decide noticed that their absence created a major hole within the prosecution’s narrative, suggesting they could have been intentionally omitted, he mentioned.
“The saga of half-hearted investigation would not finish right here,” the decide noticed.
“The physician who examined the sufferer didn’t discover any harm, abrasion or change in color close to the personal components of the sufferer. Nevertheless, a surgeon discovered that there was harm to the inner a part of the sufferer’s anus. Sadly, the prosecution failed to look at the surgeon,” the courtroom mentioned.
Additionally learn: Man sexually assaulted in bus, bleeds to loss of life in Delhi; one held
The medical witness admitted the harm might have occurred as a consequence of different causes, and the surgeon’s report lacked essential particulars, such when the harm occurred, it mentioned.
“To sum up, the prosecution has completely didn’t show {that a} minor was kidnapped by the accused and sexual assault was dedicated on him,” the courtroom mentioned.
