37-Year-Old Man Acquitted After Three Years In Jail In False POCSO Case By Minor’s Mother

Bail is a right, jail is an exception. We have been hearing this since past three weeks after the very high profile Aryan Khan case. However, what happens to those several other cases, where innocent Men cannot afford criminal lawyers who can fight for their bail or acquittal.

Yet another case has been reported from Mumbai where a 37-year-old man who spent three years in jail after being accused of repeatedly raping the 14-year-old daughter of his friend was acquitted by a special POCSO court after it observed that the statements of the alleged victim and her mother were “unbelievable”.

Case:

The accused was living with the family of the complainant for over eight-years. The minor girl’s (alleged victim) father had died four-years before the alleged incident. The accused claimed that he was falsely implicated as the women in the family did not like the fact that he was strict and enforced discipline in the household.

While the alleged incidents of rape took place in 2017 when the mother was away, the FIR was registered in 2018. The minor claimed that the accused had threatened her and that initially her mother did not believe her.

POCSO Court, Mumbai

Acquitting the man after he spent three-years in jail, the court said the minor’s account of rape with respect to day, date and time of the incidents, was vague. The court observed,

In the background of contradictions and improvement in the prosecution evidence, oral evidence of prosecution witness (PW) one (minor) and two (mother) does not inspire confidence. Delay of one year and four months in approaching police after the incident of rape also affects the credibility of evidence of PW one and two.

The court said that it appeared strange that after serious incidents of rape, the girl remained silent due to fear of accused but after the incidents of inappropriate touch she disclosed the facts to her mother who immediately approached the police. Adding further the court noted,

In the background of this fact also evidence of PW one and two appears unbelievable. The court remarked,

As per victim’s evidence it appears that incident of rape occurred in day time, then question arises as to how she was present in the house when she was doing a job.

Considering these aspects, the prosecution should have brought on record exact date and time of incidents of rape.

Question Mark On Age Of Victim

The court also said that it was not proven that the girl was a minor. 

MDO Take:

• POCSO is the new 498A when it comes to misuse
• No medical, no material evidence or even proof of age required
• Mere complaint by ‘children’s’ parents is enough for the police to arrest innocent Men
• Man has lost his prime years from 34-37 years of age in jail, a period which is most crucial for anyone to progress in their career
• Laws in India are completely biased in favour of women, there is no punishment even if they file false cases randomly and multiple times
• Next time when you hear feminists demanding more and more laws aping the west, do question them on the timelines, fear of perjury/false cases, that exist in those countries
• India, highly influenced by the victimization attitude towards women, has failed the judicial system and subsequently the Men miserably

ALSO READ – 

READ ORDER | Unfortunate Practice That Police Are Filing POCSO At Behest Of Girl’s Family; Consensual Sex Grey Area

READ ORDER | Bombay HC Acquits POCSO Accused As “Child Survivor Was Tutored By Mother”

61-Year-Old Man Acquitted In False POCSO Case Speaks With Media About His Six Year Jail Time

POCSO Court Grants Bail To Class XII Boy In Alleged Rape Case After He Spends 35-Days In Jail

Mumbai Man Acquitted From Charges Of POCSO As 17-Year-Old Daughter Filed False Rape Case

ALSO WATCH –

#Bulandshahr | 2 False Gang Rape cases have been filed in last 2-days

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