Hyderabad: The accused in the sexual harassment of a minor in Chaitanyapuri, under Rachakonda Commissionerate, walked free due to the police's failure in collecting bonafide certificate of the victim and carrying out her age determination test, a court under the Pocso Act said.
In its final verdict delivered on August 8, the Special Court for Expeditious Trial and Disposal of Rape and Pocso Act cases, LB Nagar, said several other lapses in the police investigation were found. The alleged crime happened in August of 2018.
The court observed the victim was a child, as defined under the Pocso Act.
The court questioned why was the victim's parents not examined by the police.
“The parents of the victim were not examined before the court to show that the victim was a minor. There is no single document or oral evidence to substantiate that the victim was a minor on the date of the incident, admittedly the police did not collect any single piece of paper as to show the age of victim on the date of the incident,” the court said.
It was alleged that when the victim was intercepted by the accused and abused, her friend tried to save her.
The accused is believed to have torn the friend's shirt and threatened him away.
The victim’s friend identified the accused in the court. However, the police did not collect his torn shirt as evidence.
The incident happened in a public place, but except the victim’s friend the police did not examine any other person, the court said.
It was also alleged that the accused sent abusive messages to the victim on her brother’s mobile phone, but those messages have not been brought on record before the court.
Considering the total oral and documentary evidence, the court gave the accused the benefit of doubt.
