Mumbai POCSO Court acquits 25-year-old accused in Govandi rape case citing lack of evidence and inconsistencies in prosecution claims | Representational Image
Mumbai: A Special Protection of Children from Sexual Offences (POCSO) court has acquitted a 25-year-old man accused of allegedly raping a 12-year-old child in Govandi in 2022.
The court in its hearing held that the statement given by the victim’s mother did not inspire confidence in the court’s mind to hold the accused guilty of raping the minor. The court held that even the medical evidence of the victim did not support the oral evidence produced by the prosecution.
Court Observes Doubts In Prosecution Story
“According to the prosecution, the accused locked the room from outside but neither the lock nor the key was seized by the police. This casts doubt on the story of the prosecution. The victim narrated to the doctor that she was in a love relationship with the accused. The victim during cross-examination admitted that her father caught her WhatsApp messages and had warned her not to go to the house of the accused. The victim and her mother and father admitted that they did not like that the victim frequently went to the accused’s house. The incident took place on 29.6.2022 and the statement of the victim was recorded on 30.6.2022. The prosecution has failed to explain the delay in recording the victim’s statement when she was in the Police Station on 29.6.2022. According to the prosecution, so many persons had gathered on the spot but no independent witness was examined by the prosecution for the reasons best known to it. Hence, totality of testimony of all such witnesses coupled with medical examination report of the victim makes the occurrence doubtful on its face. In view of the aforesaid factual discussions when presence of victim appears doubtful at place of occurrence, medical reports, CA reports do not support the prosecution case. Allegation of sexual assault appears doubtful and, therefore, prosecution is not able to make out any case under Section 3 of POCSO and Section 376 of the IPC, which would import the presumption available under Sections 29 and 30 of the POCSO Act, 2012,” held the court while acquitting the accused.
Defence Advocate Welcomes Verdict
The accused was represented by defence advocate Mangesh Aarote. Advocate Aarote said, “The court has rightfully after discussion of the legal ratio and factual aspects, maintained that the prosecution failed to establish its case beyond all reasonable doubts as to convict the accused for charges leveled against him.”
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Case Registered By Govandi Police
A case was registered with the Govandi police against Yash Vavekar for allegedly taking the victim to his house. The parents of the child had on June 29, 2022, registered a missing person case for their child, later allegedly finding the victim locked in the accused’s house.
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