Computer teacher acquitted in POCSO case

A special court in Palghar has acquitted a 48-year-old computer teacher accused of outraging the modesty of a minor girl in 2018, citing material contradictions in the victim’s testimony.

Additional Sessions Judge AR Rahane noted in his order on June 19 that despite CCTV cameras near the spot, the prosecution produced no footage.

Highlighting discrepancies in the complainant’s Statements, the judge observed: “It is apparent that the victim has made material improvements in her version regarding time, commencement, and aftermath of the alleged incident.”

Palghar Police had registered an FIR against the teacher under section 354 (assault or criminal force used against a woman with the intention or knowledge that it will outrage her modesty) of the Indian Penal Code (IPC) and the POCSO Act for allegedly kissing the minor in his computer class on February 12, 2018.

“The victim has omitted the above-cited material facts in her report and supplementary Statement, but, she has deposed them before the court for the first time. As her evidence appears doubtful, her testimony cannot be relied upon,” the judge stated.

The judge also noted that the spot panch has acted as a panch witness in about 50 cases, which means that he is a habitual panch.

“He has deposed that there is a glass partition at the spot, which is a computer class. He has admitted that CCTV cameras are installed near the spot. No such CCTV footage is produced on record by the prosecution. The prosecution’s evidence on record does not meet the standard of proof expected in criminal prosecution to establish the charge against the accused,” the court said.