Thane: 37-Yr-Old Man Acquitted Of Sexually Assaulting His Own Daughter

The Thane sessions court has acquitted a Bhayandar man who was falsely accused by his estranged wife of sexually assaulting his own biological daughter.

The court ruled that the prosecution failed to provide sufficient evidence to support the charges, leading to the man’s acquittal.

The case was filed by the 37-year-old man’s estranged wife, who alleged that he had sexually assaulted his daughter, a minor. However, during the proceedings, it was revealed that the victim did not provide any statement either before a magistrate or as a witness. The court noted that there was no corroboration from the alleged victim, which is essential in such cases.

The court observed that the sole testimony of the estranged wife, who is the complainant, could not be the basis for a conviction under the stringent provisions of the Protection of Children from Sexual Offences (POCSO) Act. “Just on the testimony of the wife, the court cannot hold the accused guilty of raping his own daughter,” the judgment stated.

In its ruling, the court referred to a key section of the POCSO Act, which requires a “culpable mental state” on the part of the accused for a conviction. While the law does presume the existence of such mental state, it also provides the accused with the defence to prove they had no such intent. The court emphasised that, in criminal cases, the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt, which was not achieved in this case.

According to the prosecution’s narrative, the estranged wife had filed the complaint alleging that her husband had sexually assaulted her stepdaughter and informed his ex-wife of the incident. She claimed that she had once seen her stepdaughter and her husband emerging from the bathroom together, and when questioned, the child mentioned being assaulted by her father. Based on this, the stepmother filed the complaint.

However, during the trial, the prosecution could not present any substantial evidence to back the allegations. With no testimony from the child and no corroborating evidence, the case fell apart, leading to the man’s acquittal.