A young man was jailed for months for the crime he never committed, he was booked for committing rape, assault, kidnapping while the prosecutrix failed to identify him and also denied all allegations on him. The special POCSO court acquitted the person.
A 24 year old young man, works as a medical representative, freed from the charges of rape, assault, kidnapping, who was in jail. In the case, girl denied all incidents which give “rise to prosecution case” and also failed to identify the accused person.
According to the FIR
The prosecutrix (the girl) left her home in January this year after a quarrel with her sister and did not returned. Then her brother lodged FIR of kidnapping under section 363 of the IPC.
The girl was confronted by the police when returned back to Bombay by bus, but denied to go back to her home. She was then kept at a Shelter home and her statement was recorded under section 164 of the CrPC. Based on her statement and disclosure of sexual intercourse, various sections of POCSO and Section 376 of IPC (for committing rape) was added in the FIR.
According to her statement, that after leaving the house, she catches a bus to Pune where she met an unknown person (accused in the case). During the journey, they started talking, took tea together and then she take shelter in the house of the accused person. During her stay at the residence of the stranger, she did shopping from stranger’s money, roamed on his bike, went to garden, hotel, theatre. They also established sexual relation.
The girl statement before the Court
The prosecutrix (the girl) told that she left her house to meet her friend in Pune and she did not informed anyone thinking that she would return in a day. She further stated that, she herself went to catch the bus.
She denied all the allegations and said that she never met the accused person nor she did shopping and also said that nothing wrong happened with her. She stated that, because she had lost her friend’s address, she stayed alone in a lodge and returned when her money washed out.
On her statement to the Police which was recorded under section 164 of the CrPC, she said that it was in Marathi and not explained to her, as she understand only Hindi or English.
The Court Obesrvation
- She was about 17 and half years at the time of incident and now has reached 18. “It is clear from her deposition that she travels alone by means of Auto, bus and train”.
- The accused has not made her take bus to Pune.
- She has denied all the allegations.
- She deposed that everything was normal and never gave any history to the doctor.
- The Court did not find any direct evidence of rape or sexual assault
The court acquitted the accused person from all the charges and disposed of the POCSO case.
Case Reference : The State of Maharashtra Vs Umesh Anandsingh Girase Order Dated : 28.10.2020 POCSO CASE NO. 449, Gr. Mumbai