POCSO ACCUSED ACQUITTED AFTER VICTIM REFUSES TO SUPPORT PROSECUTION CASE; TRIAL COURT DIRECTS LEGAL ACTION AGAINST VICTIM A Special Court under Protection of Children from Sexual Offences Act (POCSO) recently acquitted a man accused of raping a woman after the woman stated that she did not wish to proceed against the accused (State of Maharashtra v. Jacob Muthuswami Naidu). If the victim is not supporting prosecution's story of the accused having committed rape on her "then it would be unsafe and unjust rather illegal to say that he accused is guilty of committing rape or penetrative sexual assault on the victim girl". Regarding the age of the victim, the prosecution produced birth certificate, but the Court observed that since it was not supported by evidence of the star witnesses, it cannot be said that it is a full proof evidence to hold that the victim was minor at the relevant time. The Court, therefore, concluded that the prosecution had failed to prove beyond reasonable doubt that the victim was a minor at the time of the crime and hence, the offences under the POCSO Act could not be invoked. Reddy & amp; Reddy Law Firm is the association of skilled advocates and will help you in all Criminal matters.
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