Youth booked for molestation acquitted three years later

THANE: A 22-year-old youth, booked by Kalwa police for molesting a 16-year-old girl in 2014, was recently acquitted by the district sessions court as the prosecution failed to prove the offences.

The youth and victim, both friends, frequently communicated on Facebook and often exchanged greetings. Parents of the victim, a college student, claimed the boy slapped their daughter as he disliked her going out with other friends. A police complaint was lodged under sections 354(A)(D) of the IPC and section 8 of POCSO Act.

Prosecutor Rekha Hiwrale said the victim had gone for an outing with friends, which was disliked by the boy. Later, when she refused to talk to him, he would follow her to college, she said. He also allegedly shouted at her and touched her inappropriately on August 23.

The counsel for the accused, Sunil Bhatia, admitted the two were friends and she would drink liquor, which the accused resented. When he threatened to report her to her parents, she filed a false complaint against him, Bhatia said.

District judge (special POCSO Act) S C Khalipe ruled out sexual harassment, and said there was disparity in the versions of the parents and victim.

The judge noted, "The victim's father admitted he did not know his daughter was chatting with the accused on the phone and Facebook, and he did not know the accused would meet his daughter at their house and other friends' houses. In June 2014, he came to know that he was friends with his daughter."

The defence submitted there was no complaint when he allegedly slapped the victim in June 2014. The victim said it was a minor issue. The incident occurred on August 23, 2014, but the FIR was filed two days later, and the delay was not explained.

The judge pointed out that the victim did not state that the accused caught her hand and passed comments, as her father claimed. The victim did not say that she had disclosed that the accused had caught her hands and passed comments. So on this point there was no corroboration between what the victim and her father said, the judge said.