(Picture used for representational purpose)

MUMBAI: A Pocso court has acquitted a 65-year-old man five years after he was booked for sexually abusing his 12-year-old domestic help. The ruling came after the girl failed to depose in the case.

While the girl could not be traced, the complainant, the son of the man in question, Mohandas Bhagnani, did not support the prosecution's case in court. The family resides in Bandra and owns a popular eatery. Calling it a case of "no evidence", the Pocso (Protection of Children from Sexual Offences) court said the accused was entitled to an acquittal. Defence advocate Ninad Muzumdar said, "We submitted in court that this was always a false case. The son and daughter-in-law told the court that he went to the police station only over a fight with respect to property and business. The son did not know the contents of the FIR as it was in Marathi."

The prosecution had submitted that in his complaint to the Bandra police, Bhagnani's son said that they were a joint family, residing together. He said the family comprised his wife and daughter, younger brother and his family, and his parents. The son allegedly told the police that his father was addicted to gambling and did not do any work. The prosecution further submitted that since November 2012, a girl had been employed by Bhagnani for domestic work. The son said the father used to ask the girl to work in his bedroom and on January 30, 2013, the child complained of sexual assault. The son then went to the police, to whom the girl allegedly gave a statement. The statements of the son, his wife, and another help were recorded and a chargesheet submitted to the court.

Charges were framed against Bhagnani under the IPC's section for outraging the modesty of a woman and under the Pocso Act for committing sexual assault on a minor. The maximum sentence under the relevant Pocso sections is five years' imprisonment. The accused pled 'not guilty' to the charges.

Four witnesses, including three residing in the house, and a panch witness deposed in the trial. The prosecution submitted that despite many attempts by the police, the girl could not be found and her whereabouts were untraceable. Cops related to the case investigation did not depose. Citing inability to produce the minor, the prosecution closed its evidence after deposition by the other witnesses. The final statement of Bhagnani was recorded and he denied any involvement in the crime.

Referring to the evidence of the man who stood as a panch witness, the court said that though the panchnama was prepared, nothing was recovered from the spot. "His evidence is not material. Not any iota of evidence is brought on record against the accused to prove his guilt," the court observed.

