Sub standard quality of testimony of victim, absence of scuffle injuries: Bombay High Court acquits rape, POCSO accused

The Nagpur Bench of Bombay High Court, on January 15, acquitted a 26-year-old accused charged under the Protection of Children from Sexual Offences Act (POCSO Act) for the offence of penetrative sexual assault and rape under Indian Penal Code.

The trial court had earlier acquitted the person for the charge under POCSO while convicting him for rape under IPC. The accused was acquitted of POCSO charges on the ground that the prosecution could not prove that
at the commission of the offence, he was below 18 years of age.

On appeal, Justice Pushpa V Ganediwala of Bombay High Court confirmed the acquittal under POCSO and overturned the conviction under IPC.

The acquittal came on the ground that the victim’s testimony did not inspire confidence and there was no evidence suggesting use of force.

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