Thane, Feb 20 A special court in Maharashtra’s Thane has acquitted a 37-year-old man accused of raping a minor girl, observing that the prosecution failed to prove the survivor was a “child” and noting significant inconsistencies in her testimony.
In the judgment dated February 12, a copy of which was made available on Thursday, Additional Sessions Judge D S Deshmukh acquitted Ketan Chandrakant Kadam, alias Nanhe, who faced charges under the Indian Penal Code and 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 twice sexually assaulted a 12-year-old girl in his residence after she was lured there by another young boy on the pretext of running an errand.
However, the court said the prosecution’s case lacked “foundational evidence” regarding the survivor’s age.
“In the absence of any oral and documentary evidence, it is hard 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 the court contradicted the allegations of repeated sexual assault, the judge said, adding that a medical officer who deposed in the court had not found any external or internal injuries on her body.
The judge highlighted a “variance” between the survivor’s testimony in court and her prior statement, suggesting the possibility that she “might have been tutored”.
The court also noted that the prosecution failed to examine the investigating officer despite multiple opportunities.
“In the backdrop of the above facts and circumstances, the offences levelled against the accused are not established. Foundational facts are not proved,” the court said, acquitting the man.
