Mumbai: Observing that a 70-year-old man, who was accused of sexual abuse of his nine-year-old neighbor, just touched the girl from a distance to make him leave his house and not with the intention to touch it inappropriately, the Special Court of Pocso released him on Thursday.
The accusation had claimed the child repeatedly walked into his house and disturbed him when he read Spiritual books.
“The only victim testimony does not switch, can be trusted and under the influence of the mother.
In the examination at the chairman, the victim replaced him that he had reported the incident to his sister and the sister told her mother,” said the court.
The court said it was normal that a mother would fight with neighbors when her child was scolded to play.
“It is not surprising that children playing in the building and senior residents became disturbed.
The touch was from a distance.
Therefore it does not appear that it is with sexual intentions.
In my view evidence does not inspire confidence.
The victim’s cross examination showed that the fight, the mother told her Notify this, “said the court on Thursday.
Furthermore, said the child would definitely cry if he was expelled from home.
It was a prosecution case that on November 18, 2018, around 5:30 a.m., the girl went to play with her friends.
Half an hour later, his two friends told his mother that “Baba” neighbor (grandfather) had done something bad to his daughter.
The mother then left and took her daughter home and asked her.
The girl revealed that while playing hide and seek, she went hiding in the defendant’s house.
He said the defendant was sitting in a chair and reading a book.
The child accused the defendant then conducted sexual abuse.
The child and mother rolled in court.
Referring to the testimony of the child, the court said, “The victim’s cross examination showed the mother fighting with the defendant.
The victim was overthrown when the fight occurred, my mother told me to tell this to the police.
Thus, the situation shows the complainant has been fighting before filing a complaint.
After that , In the instruction of the mother, the child gave a statement to the police, “said the court.