Thane, February 20 A special court in Thane, Maharashtra, has acquitted a 37-year-old man accused of raping a minor girl, stating that the prosecution failed to prove that the survivor was a "child" and noting significant inconsistencies in her testimony.
In the judgment dated February 12, Additional Sessions Judge D S Deshmukh acquitted Ketan Chandrakant Kadam, also known as "Nanhe," who was charged under the Indian Penal Code and the Protection of Children from Sexual Offences Act.
While A B Bhamre-Patil was the special public prosecutor, Sudhakar Parad represented the defendant.
The prosecution alleged that in July 2014, Kadam sexually assaulted a 12-year-old girl in his residence after she was lured there by another young boy under the pretense of running an errand.
However, the court said the prosecution's case lacked "essential evidence" regarding the survivor's age.
"In the absence of any oral or documentary evidence, it is difficult to believe that the victim girl was a child at the time of the incident. Therefore, the prosecution has failed to prove that the victim girl is a 'child' as per Section 2(d) of the POCSO Act," the court said.
Medical documents submitted in court contradicted the allegations of repeated sexual assault, the judge said, adding that a medical officer who testified in court found no external or internal injuries on her body.
The judge highlighted a "discrepancy" between the survivor's testimony in court and her previous statement, suggesting the possibility that she "might have been coached".
The court also noted that the prosecution failed to examine the investigating officer despite multiple opportunities.
"In light of the above facts and circumstances, the charges against the accused have not been proven. Essential facts have not been established," the court said, acquitting the man.
