Madras HC acquits man facing Posco charge due to lack of evidence

CHENNAI: The Madras High Court acquitted a person booked under the Pocso Act for allegedly committing sexual assault on a minor girl as no evidence was found against him.

The doctor who examined the alleged victim girl, clearly stated that there was no evidence of forcible sexual assault or physical injuries, wrote Justice Sunder Mohan and set aside the conviction ordered against the alleged accused by acquitting him from the case.

Further, the statements of all other witnesses are contrary to each other, it would be highly unsafe to convict the alleged accused based on the sole testimony of the alleged victim, held the Judge, while allowing an appeal moved by an accused convicted by the special court of Pocso Act in Coimbatore. The victim’s parents too turned hostile during the case.

Added to that, the judge recorded that the appellant satisfied the statutory presumption under Section 29 of the Pocso Act by proving his innocence. Hence, the appellant is entitled to the benefit of the doubt and deserves to be acquitted, held by the Judge.

According to the prosecution, the appellant expressed his love towards the alleged victim and forced her to love him back.

On February 18, 2018, the appellant forcibly entered the bedroom of the victim committed penetrative sexual assault and captured some intimate photos of the victim girl. Threatening the girl with the photos the appellant committed the offence on the victim several times on different occasions, alleged the prosecution.

The victim girl revealed the offence to her sister and mother, hence, a case was lodged under the Pocso Act based on the complaint. On August 25, 2023, the Pocso court, Coimbatore held the accused guilty and sentenced him ten years of rigorous imprisonment.

However, during the investigation the parents of the alleged victim turned hostile and gave statements contrary to that of the victim, furthermore, medical examination also didn't prove any sexual assault, said the appellant.

Not considering all these aspects, the special court convicted him said the appellant and sought acquittal.

Advocate V Parthiban for the appellant submitted that his client was in love with the sister of the alleged victim, however to get married to another person, the sister instigated the victim girl and lodged a false complaint.

Hence, the appellant is entitled to the benefit of the doubt and deserves to be acquitted, he added.