Court rejects trustee’s plea for acquittal from sexual assault case

MUMBAI: A special Protection of Children from Sexual Offences (POCSO) Act court has recently rejected the application to acquit a French national, who is a trustee of an Andheri school, currently standing trial for allegedly sexually assaulting a kindergarten girl. He said there was no evidence against him.

According to the complaint filed by the girl’s parents on May 18, 2017, the assault took place in late 2016. The undertrial, in his late fifties, was first arrested by the MIDC police in November 2017. A woman teacher from the same school is the co-accused. The Dindoshi sessions court started the trial in May last year during which the prosecution examined 13 witnesses.

Last month, he filed an application for acquittal, claiming the survivor did not identify both the accused. The defence counsel of the accused argued, “The survivor has not supported the case of prosecution. There is no direct evidence against him and the court should pass an order of acquittal.”

The advocate for the teacher submitted, “If the main accused (trustee) is exonerated, then her role which is of an abettor would also fail.”

The mother of another student had also recorded testimony before the court, stating her son was also assaulted by the trustee. The defence, however, has challenged the evidence.

Additional sessions judge AD Deo noted, “The object of section 232 of CRPC is to expedite conclusion of a session trial… the court at that stage should not consider what value should be attached to such evidence. I do not find it expedient that there is no evidence against accused.”

The parents of the school had protested when the trustee resumed work at the same school weeks after his release on bail. It also prompted the girl’s mother to approach the Bombay high court (HC) last year. The HC cancelled his bail, but he approached the Supreme Court, which also rejected his plea in April last year. He has been in jail since then, along with the teacher.

The special court will hear the arguments in the case next week.