THANE: The Thane sessions court has acquitted a 52-year-old man who was accused of molesting and sexually abusing his teenage daughter in the Navghar area of Bhayander town.
The judge, DS Deshmkuh, observed that the prosecution failed to prove the charges in his recent order.
The prosecutor, VG Kadu, told the court that the daughter of the accused, then aged around 14 years, in her complaint with Navghar Police Station had alleged that she used to reside with her mother and her father was employed in the gulf. He used to come to her place but was addicted to the liquor.
She further alleged that the accused used to come home drunk and forcibly made her sit on his lap and also touched her inappropriately. When the girl objected, he convinced her that he had the right to pamper his daughter. She then complained to her mother about the advances of her father, after which her mother registered two non-cognizable offences against the accused.
The girl further alleged that once when she was studying, the accused behaved with her indecently and time-to-time committed advances involving unwelcome sexual overtures and also demanded sexual favours.
Due to this, she registered a case under molestation and other sections of the POCSO act. Subsequently, he was arrested and was released on bail.
The defence counsel pointed out that all the allegations are false and the case registered is motivated as there was a marital dispute between the accused and his wife due to which the case was registered.
The judge after hearing both sides, in his order noted that due to the admissions that matrimonial dispute was going on between the wife of the accused and the accused, the allegations levelled against the accused creates doubt. As he is the father of the girl and was away from her since childhood, he might have some lovable feelings towards the girl and they have taken it in the wrong way.
The judge further pointed out several lapses in the case and noted that the prosecution could not bring on record evidence to show commission of alleged offense beyond reasonable doubts and the prosecution has failed to prove the guilt.
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)
The judge, DS Deshmkuh, observed that the prosecution failed to prove the charges in his recent order.
The prosecutor, VG Kadu, told the court that the daughter of the accused, then aged around 14 years, in her complaint with Navghar Police Station had alleged that she used to reside with her mother and her father was employed in the gulf. He used to come to her place but was addicted to the liquor.
She further alleged that the accused used to come home drunk and forcibly made her sit on his lap and also touched her inappropriately. When the girl objected, he convinced her that he had the right to pamper his daughter. She then complained to her mother about the advances of her father, after which her mother registered two non-cognizable offences against the accused.
The girl further alleged that once when she was studying, the accused behaved with her indecently and time-to-time committed advances involving unwelcome sexual overtures and also demanded sexual favours.
Due to this, she registered a case under molestation and other sections of the POCSO act. Subsequently, he was arrested and was released on bail.
The defence counsel pointed out that all the allegations are false and the case registered is motivated as there was a marital dispute between the accused and his wife due to which the case was registered.
The judge after hearing both sides, in his order noted that due to the admissions that matrimonial dispute was going on between the wife of the accused and the accused, the allegations levelled against the accused creates doubt. As he is the father of the girl and was away from her since childhood, he might have some lovable feelings towards the girl and they have taken it in the wrong way.
The judge further pointed out several lapses in the case and noted that the prosecution could not bring on record evidence to show commission of alleged offense beyond reasonable doubts and the prosecution has failed to prove the guilt.
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)
