Sessions court acquits 24-yr-old Mumbai man in 2019 local train molestation case

Mumbai: Noting that the physical contact could have been accidental due to the heavy rush of passengers at Dadar Railway Station, a special court on Tuesday acquitted a 24-year-old man who was accused of outraging the modesty of a 17-year-old girl in a crowded local train in 2019. The accused, Mohammed Ali, was out on bail after spending five months in jail. The court held that the prosecution failed to prove the charges beyond a reasonable doubt. Special Judge Surekha A Sinha observed that the victim herself admitted to the possibility of a misunderstanding during cross-examination. "It is true to say that, when the accused was boarding the train and while holding the bar, the accused may have touched her, and due to the crowd, this misunderstanding can be possible," the victim submitted.The incident dates back to March 19, 2019, when the girl, accompanied by her siblings, was boarding a Borivli-bound slow train. She alleged that the accused took advantage of the crowd to touch her waist and body inappropriately. After the alleged act, the girl caught the accused by his shirt, slapped him and handed him over to the Railway Police. While she initially reported her age as 18, subsequent investigation and school records established she was 17 at the time, leading to the addition of charges under the Protection of Children from Sexual Offences (POCSO) Act.During the trial, the defence argued that the encounter was a result of the chaotic boarding process common in Mumbai's railway network.The judge noted gaps in the investigation, including the absence of independent witnesses despite the presence of many people on the platform. The judge also pointed out that the police failed to collect CCTV footage or even produce the train tickets of the girl and her siblings to corroborate their presence at the scene. "…it has come on record that there was a huge crowd at the station and so many people were trying to board the train, hence one passenger can come in contact with another passenger."The judge found the evidence insufficient to sustain a conviction. The judge stated: "There is no satisfactory evidence on record to prove the alleged offence, that accused outraged the modesty of the girl and committed the alleged crime. There is no evidence to prove the said offence beyond a reasonable doubt."