Man held for stalking 16-year-old acquitted

Thane: A 30-year-old man from Kalwa who was booked for stalking a minor girl has been given the benefit of doubt and acquitted by the Thane sessions court.
In her order the Special Court of Prevention Of Children from Sexual Offences Act (POCSO) Judge VV Virkar observed that the prosecution has failed to prove the charges beyond reasonable doubts against the alleged accused Dattatraya alias Datta Choudhari, a resident of Atkonteshwar Nagar of Kalwa and hence was acquitted. Prosecution told the court that the victim then aged-16 was working in a factory at Bhiwandi as a packer and was residing in the same locality as the accused and they knew each other.
The accused, a fortnight prior to January 04, 2014 made his way to the bus stop where the victim boarded the bus and stalked her and told her that he wanted to marry her. Even when she informed him that she was to get married to another man the accused followed her, the court was told, hence the police complaint.
The judge heard the prosecution as well as the defence and in its order noted, “.. it is to be mentioned that so far as the allegation against the accused the testimony of the prosecutrix (victim) and her mother to whom she immediately disclosed about the incident is very much material and crucial and it is not available as their presence could not be secured and they are reported to be not traceable and not residing at the address given.”
The judge further added, “..but the fact still remains that their testimony is not available, they being crucial and material witnesses to the prove the allegations against the accused.” In view of the above discussions, none of the offences can be held to have been proved and acquitted the accused of all the charges.