Mumbai: Single dad freed in sex case as 11-year-old recants | Mumbai News – Times of India

MUMBAI: In a trial that took only 45 days and 10 court dates, a special Protection of Children from Sexual Offences (Pocso) Act court recently acquitted a 35-year-old single father, accused of sexually assaulting his 11-year-old daughter, after the child told the court she had made the allegations at the behest of her paternal cousin. The accused told the court the cousin was upset with him as he had made remarks about her character and she wanted to spite him.
“In all, the prosecution has failed to produce on record cogent and reliable evidence,” the court held. It also observed that a child who had been subjected to such sexual violence would not insist on living with her father instead of the mother. The alleged incident took place in August 2020 and the man was arrested in October.
The court further observed the accused had not engaged an advocate and had maintained that he was being falsely implicated at the instance of the relative. He had also denied all allegations levelled against him before a doctor.
“It is brought on record that the accused being her father would take care of her, even focusing on her studies and cooking for her…So, it is not digestible and is difficult to believe that the father did any wrong thing with the prosecutrix,” the court said.
The court observed there was no reason for the child not to narrate the incident to her mother when she visited her. “Prosecutrix (child) was not ready to go with her mother to Panvel when her mother asked her to. Not only the prosecutrix, but her other two sisters were also staying with their father,” the court pointed out.
The court also observed that since the child was living with her cousin and the accused was behind bars since his arrest, this was not a case of the child being pressured by her parents to depose in favour of the father.
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)

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