Thane: The Thane Special Prevention of Children against Sexual Offences (POCSO) Act Court has acquitted a 22-year-old man after seven years, after the prosecution failed to examine the complainant as well as the victim—in the case. In the absence of the prime witnesses, the court held that no case could be established against the accused, thereby acquitting him beyond reasonable doubt.

The court, presided over by Judge Ruby U. Malvankar, observed in its judgment: “In order to bring home the guilt of the accused, the prosecution was duty-bound to examine the victim as well as the complainant. However, upon perusal of the reports of witness summonses issued from time to time, it appears that the prosecution could not trace the whereabouts of the first informant and the victim in this case.”

The court further noted that while the investigating officer described the manner in which evidence was recorded, in the absence of the victim and the complainant, the FIR could not be proved against the accused.

The judgment stated: “In her testimony, the investigating officer narrated the investigation and the details of the FIR carried out by her. However, for want of testimonies from material witnesses, the contents of the FIR cannot be said to have been proven by the prosecution beyond reasonable doubt. As a result, the oral testimony of the investigating officer, Neha Suryawanshi, has been reduced to a mere formality. The case has been pending since 2017, and with the prime witnesses untraceable, there is no propriety in keeping the matter pending any longer.”

The court also highlighted several loopholes in the prosecution’s case, including the failure to produce documents to prove the victim’s age. “Upon perusal of the charge sheet, it appears that the investigating officer did not record any statement of the victim under Section 161 of Cr.P.C. As such, there are major loopholes in the investigation. Consequently, none of the offences with which the accused has been charged can be said to have been proven beyond reasonable doubt. Therefore, the answer to all points is recorded in the negative, and the accused is required to be acquitted,” the judgment stated.

A case had been registered by the Thane police in 2017, alleging that the accused had allegedly raped the victim. The case came to light when the victim missed her monthly menstrual cycle. Medical examinations later confirmed that she was two months pregnant. Based on the victim’s statement, the accused was arrested by the Thane police.