The Madurai Bench of the Madras High Court has recently acquitted a man who was convicted by the trial court on the charge of sexually assaulting a girl in Virudhunagar district. The court has ordered the police to conduct further investigation to find out the real offender within four months.
The Court directed this while hearing an appeal preferred by the man against the judgment of the Special Court for POCSO Act cases in Srivillipunthur. A fruit vendor, man was accused of sexually assaulting a girl in 2018. Since she was a minor, the case was filed under the POCSO Act.
In the case, the Inspector of Police, All Women Police Station in Rajapalayam, in their final report, said that the man invited the girl with her brother to his home and served them mango juice in which he had mixed brandy. Taking benefit of their not fully conscious condition due to the effect of brandy, he sexually assaulted the girl.
The trial court convicted the accused for offences under the IPC and the POCSO Act. On that basis, he was sentenced to 10 years of rigorous imprisonment with a fine of ₹10,000. The man challenged the judgment.
While setting aside the trial court judgment, Justice K. Murali Shankar observed that considering the inordinate delay in lodging the complaint, fixing the accused belatedly, non-conduction of potency test, and the negative DNA report, the court undoubtedly had held that these aspects indeed created a great suspicion over the whole prosecution case. The court held that the prosecution had drastically failed to prove the main charge under the POCSO Act and the charges under the IPC.
The Court observed that the police had concluded its investigation with the accused, even after knowing that he was not the biological father of the child born to the girl. The police had failed in its duty to find the real offender whose child, the girl had given birth to. The court observed and ordered the police to proceed with further investigation to find the real offender within four months.
The court also noted that the born child to the girl was handed over to a home through the provisions of adoption.
Taking into account that the DNA profile of the girl and the born child would be available in the forensic laboratory where the DNA test was conducted earlier. The Court further directed the police not to approach the child now with adoptive parents and to make use of the DNA profile available in the laboratory.
The Court further directed the police to conduct the DNA test on suspected persons without arresting them and if it is found to be positive, the police was the authority and liberty to proceed in the case in accordance with law.
News Source: https://www.thehindu.com/news/cities/Madurai/hc-acquits-man-in-pocso-case-directs-police-to-find-real-offender/article67308264.ece
