25 October,2023 03:30 PM IST | Thane | mid-day online correspondent
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A special POCSO court has acquitted a tribal man from Maharashtra's Palghar district nearly six years after he was accused of molesting a girl, holding that the prosecution failed to prove the charges against him beyond reasonable doubt, reported news agency PTI.
Special POCSO Judge VV Virkar issued an operative order on October 21 giving relief to Pravin Palave (26), who hails from the Jawhar taluka in the district, reported PTI.
According to the prosecution, on the night of November 11, 2017, Palave entered the house of a teenage girl, then aged 17, and molested her. He was booked under the Protection of Children from Sexual Offences (POCSO) Act, reported PTI.
Advocate Ramrao Jagtap, who represented Palave, argued that his client had had no role in the "so-called" incident. He also pointed out what he called lapses in the police probe, reported PTI.
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After hearing both sides, the court held that the prosecution had failed to prove the case against Palave and that he needed to be freed, reported PTI.
Meanwhile, a special court in Maharashtra's Thane district acquitted four men booked under the Maharashtra Control of Organised Crime Act (MCOCA) for kidnapping and murdering a 14-year-old boy for Rs 20 lakh ransom, citing that the investigation in the case was not carried out properly, reported PTI.
Special MCOCA judge Amit M Shete, in his order dated October 9, held that the prosecution had failed to prove the charges against the accused beyond reasonable doubt, reported PTI.
The court acquitted Kishor Ramesh Shinde (36), Rakesh Madanlal Lakhara (37), Joy Timir Chaudhary (42), and Santosh Devendra Padchinte (36) of the charges under sections 363 (kidnapping), 302 (murder) and other relevant provisions of the IPC and MCOCA, reported PTI.
Special public prosecutor Sanjay More informed the court that the alleged accused had kidnapped Yash Shah, a Class 9 student, from his school in Dombivili on June 25, 2009, and demanded a ransom of Rs 20 lakh from his father, reported PTI.
The accused later killed the boy and dumped his body under a tree in Yeva village of Badlapur, he said.
The judge, in his order, noted that the confessional statements of the accused alone were not sufficient to convict them of the crime, reported PTI.
The corroborative material in the case was not trustworthy and reliable and raised doubts about the involvement of the accused, the order stated.
The prosecution witnesses, particularly the police and investigation officer, failed to produce on record the material showing that the accused together were running any crime syndicate, or they were booked in an offence carrying a punishment of more than three years, the judge said, reported PTI.
There is no material on record supporting any charge punishable under the MCOCA, he said, while acquitting the alleged accused, reported PTI.
(With inputs from PTI)