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Court Decision: On 9 January 2021, the accused was accused of hugging and kissing the girl on two different occasions. The court acquitted the accused.
Court Decision: A special court in Thane in Maharashtra has acquitted a person in 2021 for kissing a three -year -old girl with a kissing on her cheeks. The court said that his move cannot be considered a criminal act because anyone who loves children can do this with a natural tendency. The court gave the benefit of doubt to the accused and said that there was a lack of clear criminal intentions on his behalf and the prosecution failed to prove the allegations against him. In an order passed on 22 August, Special Judge Ruby U Malwankar, who was hearing cases related to the protection of children from sexual offenses, acquitted 54 -year -old Omprakash Rambachan Giri. He was accused of hugging and kissing the girl on two different occasions on 9 January 2021.
Case of inappropriate touch is not made
The police had registered a case against the accused under the POCSO Act and Section 354 of the Indian Penal Code (IPC) under Section 354 (an attack on it or using criminal force). The court said that the alleged act for which the prosecution has been run against the accused cannot be placed in the category of act which can be called inappropriate touch or bad touch in all cases. Keeping in mind the age of the victim in the respective time, anyone who naturally loves children can lift her in her lap. May kiss with love on his cheek, which is usually in society. The court said that such behavior in a country like us unless it is hurting the child or unless it was done by a stranger with bad intentions – is not really objectionable or derogatory. Therefore, even in this case, since the accused was not absolutely strangers because he was a resident of the same area, it cannot be placed completely in the category of criminal act. The court said that the girl did not cry with pain during the alleged incidents.
Mother’s oral testimony is not evidence
The judge concluded that the element of hurting the dignity of the victim in all such circumstances is almost negligible and affectionate emotion cannot be considered a criminal act beyond proper doubt. On the basis of these findings, the court gave the benefit of doubt to the accused, resulting in acquitted. Charges were not proved under Section 354 of the IPC and Section 8 of the Poxo Act and Giri was acquitted of all crimes. The court also said that the prosecution failed to submit a birth certificate or any documentary evidence to prove the victim under the Poxo Act. Although the mother testified that her daughter was three years old, her oral testimony was not supported by the evidence.
Mother trusted another’s talk
The court said that the mother had not seen the alleged incident herself, but trusted the information received from a 12 -year -old girl and another child. The court said that the investigating officer failed to record the statement of the important witness, which had informed the mother about the second alleged incident. Despite the allegation of scratching marks on the girl’s cheek, the investigating officer did not conduct a medical examination of the victim and called the testimony of the prosecution witness as a mere improvement in the case. The victim’s own testimony, which she recorded at the age of seven, was considered incredible. The victim confessed in the cross -examination that her father had directed her about what she had to say in the court, so that the court came to the conclusion that the possibility of giving instructions could not be rejected.
