Thane, Sep 26 A special court in Thane has acquitted a 56-year-old man in the sexual assault case of a five-year-old girl, citing severe lapses by the prosecution and failure to establish the suspect's identity.
The alleged incident occurred on May 23, 2026, in the Rabodi area of Thane. The prosecution claimed the child was playing outside when the accused lured her with a promise of chocolates, took her to the third floor, and sexually assaulted her.
Special Judge G. T. Pawar acquitted the man, who spent four months in custody, on September 22 of charges under various sections of the Bharatiya Nyaya Sanhita and section 10 of the POCSO (Protection of Children from Sexual Offences) Act.
The court highlighted the police's failure to capture a photograph of the accused at the time of his arrest.
Rejecting the prosecution's argument that the five-year-old girl failed to identify the accused in court via video conference due to his changed appearance in jail, the judge noted: "There is nothing on record to show the appearance of the accused at the time of the incident to compare the changes.
No photograph is affixed on the arrest form. If (Investigating Officer) had affixed a photograph of the accused on the arrest form, it could have been used for comparing the change in appearance of the accused."
The court further noted that the girl explicitly denied in court that the accused had assaulted her and said the police had asked to depose her.
