An auto rickshaw driver in Thane has been acquitted of sexual assault charges after the victim and her mother could not be located during the trial, leading to the collapse of the prosecution's case.
Key Points
- A special court in Thane acquitted an auto rickshaw driver accused of sexual assault.
- The acquittal occurred because the victim and her mother were untraceable during the trial.
- The victim had initially claimed inappropriate physical contact with the accused.
- The court emphasised the victim's testimony as crucial in sexual assault cases.
A special court here has acquitted an auto rickshaw driver accused of sexually assaulting a 14-year-old girl in 2020 as the victim and her mother remained untraceable during the trial.
Court's Reasoning for Acquittal
Ruby U Malvankar, special judge for Protection of Children from Sexual Offences (POCSO) Act, absolved Ajay alias Langda alias Sonu Omprakash Tiwari of all charges in the judgement passed on April 17. The order copy became available on Tuesday.
As per the First Information Report, the girl went missing from home in April 2020. She later turned up at the police station and claimed that she was in a relationship with Tiwari who had taken her to Bhayandar and made inappropriate physical contact.
But the prosecution's case collapsed in the court as neither the girl nor her mother could be traced afterwards.
Importance of Victim's Testimony
"In a case of sexual assault, the prime and important witnesses for the prosecution can nobody else other than the victim herself. However, apparently the first informant and victim were repeatedly issued witness summons and as per the reports, both of them could not be found," the court noted.
The court therefore ordered the acquittal of the accused, who had been arrested in July 2020 and released on bail in November 2020.
