Court acquits man of POCSO as victim testifies to be his wife

THANE: A 32-year-old man who was arrested and jailed for nearly two months on charges under the POCSO Act and kidnapping allegations of a minor girl was acquitted by the court.

Special Judge D.S. Deshmukh pronounced the judgment in a case that began with a missing person complaint filed in March 2020, when the girl's mother reported her 17-year-old daughter missing from their home in Thane.

According to the prosecutor, the case originated when the victim, who was 17 years and 7 months old at the time, left her home on February 17, 2020. Her mother filed a missing complaint on March 3, 2020, leading to a police investigation.

The accused was initially charged with kidnapping under Section 363 of the Indian Penal Code (IPC). Later, charges of aggravated penetrative sexual assault under the POCSO Act and repeated rape under Section 376(2)(n) of the IPC were added after the victim was found living with the accused.

During the trial, the prosecution presented evidence including the victim's birth certificate, medical examination reports, and spot panchanama (site inspection report).

However, in a significant development, the victim—now 22 years old—testified in court that she voluntarily left her home due to a love affair with the accused. In her testimony, she alleged that her parents were pressuring her to work in a dance bar and that she was facing harassment at home. The victim stated that she was previously working in a bar on her parents' insistence and that her earnings were used to support the family. She further testified that her mother would physically assault her when she did not provide money for the household. She stated that their physical relationship was consensual and that both decided to have a child together.

In his judgment, Special Judge Deshmukh noted that though the victim was a minor at the time of the incident, she was "matured enough and she knows the nature and consequences of the act she was indulged in." The judge also considered that the couple is now married, has a child, and is "residing happily" together.