Thane Court Acquits Man of POCSO Charges After Girl Admits Consensual Relationship

A special POCSO court in Thane has acquitted a man charged with kidnapping and sexual assault, citing the girl's own admission during cross-examination that she was in a consensual relationship and had accompanied him willingly. Special Judge SP Agarwal ruled that the prosecution had failed to provide cogent and reliable evidence to support the charges, which dated back to an incident in June 2021.

The victim, who was a minor aged 16 at the time of the alleged offence, admitted during the trial that she had been in a love relationship with the accused for two to three years before the incident. She testified that she had voluntarily left her home in Thane and travelled with the man to Khamgaon in Buldhana district by bus.

According to the court, the girl's oral evidence was completely silent regarding any specific instances of sexual assault, making it impossible to establish the charges beyond a reasonable doubt. While she had previously stated before a magistrate that they shared consensual physical relations, she did not provide any corresponding testimony during the trial.

Further weakening the prosecution's case, a medical witness confirmed that the victim had no external injuries. Additionally, the investigating officer admitted during cross-examination that the two shared a love relationship that was not accepted by the girl's family. The officer also noted that no police complaint had been filed against the man prior to the registration of the First Information Report (FIR).

The court observed that the girl admitted she was mature enough at the time of the incident to understand the nature and consequences of her actions. Evidence presented during the trial showed that she stepped out of her home voluntarily, travelled to Khamgaon, and was later brought back by a police team after being spotted at a bus stand.

Concluding that the prosecution failed to prove the allegations, Special Judge Agarwal acquitted the man of all charges under Indian Penal Code Sections 363 and 376(2)(n), as well as multiple sections of the Protection of Children from Sexual Offences (POCSO) Act, 2012.