A 60-year-old man accused of raping his granddaughter was acquitted by a special POCSO court in Mumbai. The court, presided over by Special Judge Kalpna Patil, established under the Protection of Children from Sexual Offences (POCSO) Act, rendered the acquittal on September 5. However, the detailed order outlining the reasoning behind the decision was disclosed on Friday. The court's verdict was based on the perceived lack of trustworthiness in the girl's testimony.

The court, in its order, said, "Considering different names given by the girl at different stages of the investigation and her act of hiding the name of the person who was having physical relations with her, the oral evidence of the girl does not appear trustworthy." Her testimony was also not supported by any other evidence, the court noted.

According to the prosecution's account, the survivor, who was a minor at the time, resided with her grandparents. In June 2018, she collapsed in front of her grandfather, leading to her hospitalization. During her medical examination, it was revealed that she was pregnant.

On June 22, 2018, she gave birth to a daughter. Following this, her grandfather filed a police complaint against an unidentified individual.

During the investigation, the teenager initially informed the police that she had entered into a physical relationship with a boy, resulting in her pregnancy. However, she later provided a different statement, alleging that her grandfather had forcibly engaged in sexual relations with her and had also threatened her not to reveal this to anyone, as per the prosecution's account.

The girl informed the police that she became aware of her pregnancy in October 2017. She also reported burn injuries on her private area, which she claimed were inflicted by an elderly relative using cigarettes or matchsticks.

The court's order highlighted that the girl admitted to disclosing her missed menstrual cycle to a friend and visiting a hospital with her friend's mother. The court questioned why she did not reveal the alleged wrongdoings of the accused to them.

The court also pointed out that the girl admitted that the accused (her grandfather) would occasionally leave home and stay out on certain days. Additionally, it was mentioned that the accused had filed a missing person's complaint in 2015 when the girl left home without informing her family. The court further noted that the girl had been out of the control of the accused for some days. These factors likely contributed to the court's assessment of the case.

Her evidence is silent as to why during that period, the girl did not approach the police against the alleged sexual harassment or burn injuries inflicted by the grandfather, the prosecution asked.

"Considering all the facts and circumstances, I have come to the conclusion that the prosecution has failed to prove the charge against the accused," the judge noted.