Special POCSO Court judge Priti Kumar (Ghule) in Mumbai acquitted a 24 years old Nashik resident who was accused of charges of rape and kidnapping.
The prosecutrix after one year denied all the allegations recorded under section 164 of CrPC against the accused and stated that she was then made to sign the statement in Marathi language whereas she only understands English and Urdu language. She further stated that she never met the accused.
Further the Court noticed that, “It is seen that prosecutrix is now completed 18 years and she is aware of deposition before Court. The prosecutrix has confidentiality refuted the allegations against the accused as mentioned in the police statement…She has totally refused connection of accused with her. She does not know any such person…It is seen that she is in the age of maturity and understanding. Her evidence does not establish any foundational facts for raising presumption u/s. 29 of the Pocso Act against the accused”.