Pocso accused acquitted for lack of evidence in sexual assault, murder of six-year-old kid

CHENNAI: The Madras High Court acquitted a Pocso accused and set aside the double life conviction imposed for the sexual assault and murder of a six-year-old kid as the prosecution failed to establish the offence.

A division bench of Justice MS Ramesh and Sunder Mohan ordered that the circumstances have not been conclusively established.

The prosecution has failed to prove a complete chain to point out the accused as guilty, said the judges while allowing the appeal moved by the life convict seeking acquittal.

The bench refused to accept the statements of the cousin and maternal aunt of the deceased that they saw the accused with the kid on the day when she went missing as both of them had not disclosed this while lodging the complaint. “We are unable to accept the prosecution case that the dress and underwear of the deceased were seized on the confession of the appellant, as the statement of the mother and father of the kid stands contrary to it,” wrote the bench.

Despite the fact that the victim was found to have multiple injuries with the evidence of sexual assault, the prosecution failed to establish the evidence against the appellant, the bench said and set aside the double life conviction imposed by the Salem Mahila Court.

The crux of the case is that on April 5, 2014, a six-year-old girl kid was found dead in a well owned by the brother of the accused. Based on the complaint of the deceased kid’s parent, the police registered a complaint and conducted the investigation.

With the statements of the prosecution witnesses the police arrested the appellant and booked him under various sections of the Pocso Act.