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Court acquits dad in Pocso case due to lack of evidence
Judge Raps Police For Poor Probe
Mumbai: The Dindoshi Special Pocso Court acquitted a 35-year-old man acсcused of repeatedly raping his minor daughter, citing lack of evidence and contradictions in the prosecution’s case.
Criticising the police for a shoddy investigation, the court said that the investi gating officer failed to record a supplementary statement of the victim after receiving the medical papers and did not seize the clothes of the victim and accused for forensic analysis.
Special Judge Smt Ashwini D Lokhande, while acquitting the father, said that he was in judicial custody since his arrest in 2019 when the case was registered by Kandivli police station.
According to the public prosecutor, Geeta Malankar, the alleged incidents took place between 2020 and 2022, when the victim was aged between 8 and 10 years.
In her deposition, the girl stated that her father beat her and her mother after an argument over mobile phone use but did not mention any act of sexual assault. The judge noted that she retracted from her earlier statements to the police and before the magistrate and did not provide any evidence incriminating against the accused. The victim’s mother,who was also examined as a witness, denied the allegation that her husband committed any sexual act with their daughter.
She claimed the police did not read the contents of the complaint to her before she signed it.
The court also noted that there were frequent quarrels between the couple, and the mother often stayed at her maternal home, indicating family discord.
“The evidence of the prosecution witnesses is not sufficient to prove the charges. There is no iota of evidence to draw any adverse inference against the accused,” the court observed. Advocate Suvarna for the accused said that his client was falsely implicated in the case.
For case specific advice, get in touch with Pocso Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar State Commission
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