Mumbai: A 28-year-old man who is now six years old, who spent six years in prison for allegedly abusing a 13-year-old girl who fell asleep with his mother in a woman’s waiting room at CSMT, was released by a special Pocso Court recently as a child and people His parents still cannot be traced.
The maximum sentence faced for the allegations is a five-year prison.
“When a star witness from prosecution was not present to prove this case, the witness testimony of prosecution (police & others) had become a redundant.
This is a victim who must state what the defendant does,” said the court.
The boy had arrived in the city with his parents from other states by train because they would take a plane to Tehran where the Father, an engineer, was hired.
However, after losing luggage, cellphones, passports, tickets, and other valuable documents, they were forced to spend a few nights in the train waiting room while his father made alternative arrangements.
On one of those nights, when Mother woke up, she allegedly noticed the defendant persecuted the child.
He shouted for help after the railroad protection and police staff arrested him and handed it to GRP.
The court said that in the absence of proof of material witnesses, it was a view that the benefits of doubt must be given to the defendant.
When prosecution failed to prove his case beyond doubt.
“In such circumstances, the defendant deserves released from the accusation he leveled,” said the court.
The court said that while prosecution had examined seven witnesses, no one witnessed the incident.
The next court said that even though the two RPF personnel had arrested the defendant, the testimony of these witnesses only showed that they had caught him in front of the waiting room when he tried to escape.
“As far as the CCTV supply, even though the CD was produced with a chargesheet, the mere archiving of the CD itself was not enough to prove that the defendant had committed a violation that was charged.
It was well resolved that after the testimony of the investigation officer, FIR could not be proven and the defendant could not be considered guilty of Violations, “the court said.
It was a prosecution case that the family had arrived at the CSMT on June 24, 2015.
However, because they lost their belongings, the father’s father contacted the Iranian authorities who, in turn, told him that he would get his letters on June 29, 2015.
Because the family did not have a place to live in the city, they decided to rest at the CST train station, where the minors were persecuted, said prosecution.
Survivor lost, the young man who spent 6 years in prison was released
