Thane Court Acquits Swapnil Dhotre of POCSO Charges, Imposes Rs 500 Fine for Assault
The Thane Sessions Court has acquitted a 27-year-old man, Swapnil Dilip Dhotre, of child sexual abuse charges under the Protection of Children from Sexual Offences (POCSO) Act, instead convicting him of minor physical assault. Special Judge G.T. Pawar ruled on the matter, which stems from a May 16, 2016 incident in Thane, imposing a Rs 500 fine on the accused after finding that the prosecution failed to prove the sexual offence charges beyond a reasonable doubt.
The incident occurred when the victim, who was 17 years old at the time, was on her way to a computer class. According to the prosecution, Dhotre caught hold of the victim's hand, asked her to enter into a relationship with him, and slapped her after she refused. He allegedly returned later to assault her with fists and kicks. A bystander intervened, and the victim subsequently informed her family and lodged a police complaint that same evening.
During the trial, the prosecution presented testimonies from the victim, her mother, and an independent eyewitness to argue that Dhotre was guilty of sexual harassment, stalking, and assault.
The defence argued that the victim and the accused knew each other, were Facebook friends, and had been in a relationship. They contended that the complaint was filed under family pressure due to caste differences.
Special Judge G.T. Pawar observed that while the prosecution successfully established that the victim was a minor at the time of the incident, the evidence did not prove sexual harassment, stalking, or sexual assault. The judge noted that neither the victim nor supporting witnesses testified to acts constituting sexual harassment or sexual assault. Instead, the evidence showed that the accused assaulted the victim after she rejected his proposal.
Because the prosecution failed to produce a medical certificate or examine a medical officer to prove physical injuries, the court held that the ingredients of causing hurt under Section 319 of the IPC were not met. However, the court found sufficient evidence to convict Dhotre of assault under Section 352 of the IPC, resulting in the Rs 500 fine.
