Investigation lapse, lack of evidence; Court Acquits Accused in POCSO Case

 

Mudasir Yaqoob

Srinagar, Sep 7: The Fast Track Court in Srinagar acquitted Aaqib Bashir Pinchoo, accused of kidnapping and raping a minor, citing inconsistencies in the prosecution’s evidence and procedural lapses.

 

 

 

 

After hearing prosecution and defence counsel advocate Aamir Masoodi, the Fast Track Court, Srinagar, presided over by Aarti Mohan, said prosecution has failed to prove the case beyond reasonable doubt.

 

 

 

 

The accused was facing trail under Indian Penal Code sections and POCSO Act.

The court observed that the victim’s initial statement and her testimony before the court were contradictory and raised serious doubts about the reliability of the victim’s testimony.

 

 

 

 

The court further observed that the investigation lacked critical elements, including the failure to conduct a potency test on the accused and the absence of physical evidence, such as the rickshaw in which the alleged crime occurred.

The medical report, the court added, did not show any signs of trauma, and the forensic analysis found no semen on the samples examined.

 

 

 

 

The Court emphasized that the presumption of guilt under POCSO Act could not be applied as the prosecution did not establish the foundational facts necessary to trigger this presumption.

The court added that the inconsistencies in the victim’s testimony, coupled with investigative lapses, results into the acquittal of the accused.

 

 

 

According to prosecution, the victim’s family reported her missing on July 6, 2021, and upon investigation, it was discovered that she had been taken by the accused.

 

 

 

The case was investigated by Police Station Soura under FIR No. 70/2021.