Daijiworld Media Network - Mumbai

Mumbai, Dec 7: A special POCSO court in Mumbai has acquitted a 56-year-old driver who had spent eight years in jail on charges of sexually assaulting a 17-year-old girl with alleged intellectual disabilities, after the court found serious shortcomings in the prosecution’s case.

Delivering the verdict, Special Judge ND Khose observed that the prosecution had failed to establish even the “basic foundational facts” required to prove the allegations. The judge said the evidence was minimal, inconsistent and insufficient to conclusively prove guilt, and therefore the accused must be given the benefit of doubt.

The case dates back to August 24, 2017, when the girl’s mother filed a complaint alleging that her neighbour entered their house when the girl was alone and misbehaved with her. The accused, who worked as a driver, was arrested and has been behind bars since then.

During the trial, the defence argued that the complaint stemmed from previous hostility between the families and insisted that the man had been falsely implicated. They also questioned the claim that the girl was mentally impaired, noting that no credible medical proof or official documentation supported the allegation.

The court found major discrepancies in the prosecution’s attempt to prove the girl’s age. While the FIR mentioned her birth year as 2000, the school certificate showed 2002. The court said the documents lacked authenticity due to inconsistencies in the parents’ names and official entries. With doubts over her exact age, the legal requirement of proving she was a minor at the time of the alleged incident remained unfulfilled.

The court further noted that the medical evidence did not match the allegations in the complaint and that contradictions in the victim’s statements weakened the prosecution’s case even further.

Stating that the prosecution had failed to prove guilt beyond reasonable doubt, the court ordered the acquittal of the driver, bringing an end to his prolonged incarceration.