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According to the case, the man was accused of hugging and kissing the minor girl on two occasions on January 9, 2021
The court observed that the child did not cry from pain during the alleged incidents | Image: Representative
A special court in Maharashtra acquitted a 54-year-old man accused of molesting a three-year-old girl, ruling that his act of kissing her on the cheek could not be construed as a criminal offence in the absence of clear intent.
Delivering the order on August 22, Special Judge Ruby U Malvankar, who presides over cases under the Protection of Children from Sexual Offences (POCSO) Act, granted Omprakash Rambachan Giri the benefit of doubt.
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The court observed that the prosecution failed to establish the charges under Section 8 of the POCSO Act and Section 354 of the Indian Penal Code, which deals with assault on a woman with intent to outrage her modesty.
According to the case, the man was accused of hugging and kissing the minor girl on two occasions on January 9, 2021. The police later registered a case under the provisions of the IPC and POCSO Act.
The court, however, held that such gestures, unless accompanied by malice or intent to harm, could be acts of affection.
“Considering the age of the victim at the relevant time, any person fond of children may pick her up and affectionately kiss her cheek. In our society, unless it causes distress or is done by a stranger with bad intent, such a gesture is not viewed as offensive,” the order stated.
The judge also noted that the victim did not cry in pain and that evidence suggesting an intent to outrage her modesty was lacking.
The court pointed out lapses in the prosecution case, including failure to produce the victim’s birth certificate to establish her age under the POCSO Act, inconsistencies in witness testimonies, and the absence of a medical examination despite claims of injury.
Further, the victim’s testimony—recorded years later—was found unreliable after she admitted during cross-examination that her father had instructed her on what to say in court.
The judge said the possibility of tutoring could not be ruled out.
Calling the evidence “insufficient and inconsistent,” the court acquitted Giri of all charges.
Thane, India, India
September 10, 2025, 14:57 IST
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