Father cleared in POCSO case after daughter denies abuse

PANAJI
The Fast Track Special Court (POCSO) has acquitted a man accused of raping his daughter with special needs, observing that there was no evidence to support the charges against him.

Presiding Officer Durga Madkaikar ordered that the prosecution had failed to prove the offences, with even the medical examination not supporting the charges.

“There is no iota of evidence on record to establish the guilt of the accused. The evidence of teachers who were examined in support of the prosecution case is hearsay. The other witnesses examined are the investigating officers. Besides the above evidence, there is no evidence on record to prove that the accused has committed the said offences,” the order stated.

The accused, a machinist by profession, was charged with allegedly sexually assaulting his 19-year-old daughter, who has developmental challenges, at their rented residence in 2023.

Giving the accused the benefit of doubt, the court pointed out that the doctor confirmed no injuries on the victim’s body and that her hymen was intact. Furthermore, inconsistencies in the victim’s statements were brought to light during cross-examination.

“...Therefore, to prove that the accused had sexually abused the victim has not been proved by the prosecution. The statement of the victim on the material aspect has been confronted, which is a material contradiction that goes to the root of the case. There is no other evidence on record to prove the case of the prosecution. There arises a doubt about the story of the prosecution as to whether the accused was guilty of committing such an offence,” the order further stated.

During the trial, the victim, who has been enrolled at a special school, denied allegations of sexual abuse. She deposed that her father never assaulted or touched her inappropriately and that she had been a pampered child. Moreover, any marks on her body were caused while playing with her parents or scratching due to prickly heat.

The mother of the victim admitted that any marks on the victim’s neck were likely a result of efforts to calm her during one of her frequent aggressive outbursts. She also expressed doubts that the complaint filed by the Headmistress was possibly because her husband often questioned the school about their pace and methods of teaching.