Chandigarh, January 6
Swati Sehgal, Special Judge, Fast Track Court, acquitted a 19-year-old youth arrested in a POCSO case after the prosecution failed to prove charges.
The police had registered an FIR against the accused on the complaint of a minor girl. In her complaint, the girl stated that she came in contact with the accused at a function. On February 27, 2022, the accused called her to a house and sexually assaulted her. He also threatened to malign her image if she disclosed this matter to anyone. During the course of investigation, the accused was arrested. After the completion of investigation, a challan was presented in the court.
Finding a prima facie case, charges under Section 376 (3) of the IPC read with Section 4 of the POCSO Act were framed against the accused to which he pleaded not guilty and claimed trial.
NK Nanda, counsel for the accused, contended that he was falsely implicated in the case. He said the complainant denied the contents of the FIR before the court. The case was registered after a delay of 70 days, which in itself reflected false implication of the accused. The public prosecutor argued that the prosecution had proved the case.
After hearing the arguments, the court acquitted the accused of the charges framed against him while observing that the prosecution had miserably failed to bring home the essential ingredient of any of the offences punishable under Section 376 (3) of the IPC and Section 4 of the POCSO Act, beyond any shadow of reasonable doubt.
