Thane News: Special POCSO Court Acquits 25-Year-Old Man In Stalking Case, Slams Police For Shoddy Probe

Thane: The Thane Special Protection of Children from Sexual Offences Act (POCSO) Court, while acquitting a 25-year-old man accused of stalking and outraging the modesty of a minor girl, observed that if the Investigating Officer (IO) had put in some additional effort, the case could have reached its legal and logical conclusion.

IO Failed to Trace Witnesses

The court, while passing remarks against the IO for its Shoddy investigation, stated that the reality of the accused’s involvement would have been clearer had the police examined the relevant witness.

Court Notes Lack of Corroboration

“The Investigating Officer, who testified about the manner in which he carried out the investigation, admitted during cross-examination that he had not traced any independent witnesses. However, from the evidence recorded before the court, it appears that with little extra effort, the IO could have easily found eyewitnesses or relevant witnesses who had knowledge or information about the alleged stalking. In the absence of their testimonies, the ocular evidence of the victim and the first informant cannot be given much credence. Their testimonies necessarily required corroboration from independent witnesses, as the acts allegedly committed by the accused appear to be suspicious in nature. On one hand, they could fall in the category of ‘crime’, and on the other hand, they could have been a sheer misunderstanding. Therefore, in such circumstances, the prosecution cannot be held to have proved the offences beyond reasonable doubt. Hence, the answers to all the points are required to be recorded in the negative, and the accused deserves to be acquitted,” the court noted in its order.

Accused Was 18 at Time of Arrest

According to the prosecution, Bhavadya @ Sumit Sunil Salunke (18 at the time of the offence) was arrested by the Vartak Nagar Police Station in 2018 for allegedly stalking the victim to her school and classes to the extent of making her uncomfortable and frightened.

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Victim Claimed Harassment in 2018

The victim, in her statement, claimed that in October 2018, while on her way to class, Salunke followed her and called her derogatory names such as “Item,” thereby outraging her modesty. The incident was also witnessed by one of her friends, whom the police, however, failed to examine.