Acquitted of Rape Daughter Due to 0 Evidence False POCSO

Father Spent 7 Years in Jail, Acquitted of Raping Daughter Due to 0 Evidence: Court Slams Wife and Her Family for Filing a False POCSO Case

A Pune man spent seven years in jail after facing serious POCSO allegations by relatives. All key witnesses later denied any abuse, and the court found zero medical or documentary proof, leading to full acquittal.

MAHARASHTRA:A Pune special POCSO court has acquitted a 48-year-old man, Maheshwar Bindmadhav Thakur, after he spent seven years in jail on the false charge of raping his minor daughter. The court said the prosecution failed completely to prove the case, and every key witness – including the girl, the mother, and the grandmother’s sister, denied that any sexual assault ever happened.

The case started in August 2018 after the girl’s maternal grandmother’s sister went to Kondhwa Police Station and claimed that the girl had told her about repeated sexual assault by her father. Based on this statement, police registered FIR No. 434/2018 under several IPC 376 provisions and multiple sections of the POCSO Act. He was arrested on 2 August 2018 and remained in jail till the judgment on 25 November 2025.

During the trial, the entire story collapsed.

The court noted that three main witnesses turned hostile — the girl, her mother, and the relative who initially took her to the police. All three clearly told the court that no such assault or threat ever happened.

The minor girl told the court:

“She had not told her grandmother that any assault had occurred and that her father never did anything to her.”

The mother also stated:

“The victim’s mother nor her grandmother’s sister said any such incident occurred.”

She added:

“There was no disclosure from the girl that the accused committed repeated sexual assault or rape on her.”

The judge recorded that even the woman who filed the FIR admitted that the girl had “said nothing to her” about any assault when questioned during evidence.

The court further found that there was no medical, forensic, or independent documentary evidence supporting the allegations. The age-verification report simply showed that the girl was a minor, but the court held that age alone cannot prove assault without supporting evidence.

The judgment clearly observed that:

“There was no disclosure of such sexual assault or threat.
Neither the victim’s mother nor her grandmother’s sister said any such incident occurred.
There was no disclosure from the girl that the accused committed repeated sexual assault or rape on her.”

The judge concluded that the prosecution could not prove guilt “beyond reasonable doubt” and that all allegations remained unsubstantiated.

Finally, the court acquitted the man of all charges under IPC 376(2)(F), 376(2)(I), 376(2)(J), 376(2)(N), 376(3), 323, 506(1) and POCSO Sections 3, 4, 5, 6, 9, 10.
He was ordered to be released immediately unless required in any other case.

Acquitted of Rape Daughter Due to 0 Evidence | False POCSO

Explanatory Table Of Sections Used In This Case

SectionActMeaning in Simple EnglishPunishment RangeWhat Court Said
376(2)(F)IPCRape of a minor daughter/close relative10 years to lifeNot proved due to zero evidence
376(2)(I)IPCRape of child under 16 years10 years to lifeNot proved
376(2)(J)IPCRape where victim cannot give consent10 years to lifeNot proved
376(2)(N)IPCRepeated rape10 years to lifeNot proved
376(3)IPCRape of child under 16 yearsMinimum 20 years to lifeNot proved
323IPCCausing hurt by beatingUp to 1 year jailNot proved
506(1)IPCCriminal intimidation (threats)Up to 2 years jailNot proved
POCSO Sec 3(b)POCSOSexual assault using touch of private parts3–5 yrsNot proved
POCSO Sec 4(2)POCSOPunishment for penetrative sexual assault10 yrs to lifeNot proved
POCSO Sec 5(l)POCSOAggravated assault (repeated / severe)10 yrs to lifeNot proved
POCSO Sec 6POCSOPunishment for aggravated penetrative assault20 yrs to life / deathNot proved
POCSO Sec 5(m)POCSOAssault on child below 12 years20 yrs to lifeNot proved
POCSO Sec 5(n)POCSOAssault by father/relative20 yrs to lifeNot proved
POCSO Sec 9(l)POCSOAggravated sexual assault (repeated)5–7 yrsNot proved
POCSO Sec 10POCSOPunishment for aggravated sexual assaultUp to 7 yrsNot proved
POCSO Sec 9(m)POCSOAssault on child under 12 years (non-penetrative)Up to 7 yrsNot proved
POCSO Sec 9(n)POCSONon-penetrative assault by fatherUp to 7 yrsNot proved
CrPC 235(1)CrPCCourt gives final judgment of acquittal/convictionUsed for acquittal
CrPC 437ACrPCBail bond after acquittalCourt ordered ₹50,000 bond

Case Title: State of Maharashtra vs. Maheshwar Bindmadhav Thakur (Special POCSO Case No. 410/2018, CNR No. MHPU01-012983-2018)

Counsels

SideName
Prosecution / StateSpecial Public Prosecutor: Smt. A.V. Bhagat
Defence (Accused)Adv. S.P. Salunke

Bench / Judge

Smt. Kavita D. Shirbhate
Special Judge (POCSO) & Additional Sessions Judge, Pune
Judgment Pronounced on: 25 November 2025
Uploaded on: 26 November 2025

Important Case Details

DetailInformation
FIR Number434/2018
Police StationKondhwa Police Station, Pune
Date of Incident (alleged period)March 2017 – July 2018
Date of FIR02 August 2018
Date of Chargesheet25 September 2018
Arrest Date02 August 2018
Accused’s Age48 years
Accused’s OccupationWatchman
Place of IncidentRented room, Laxmi Nagar, Kondhwa Budruk, Pune
Victim’s Age (as per age report)Between 15 and 17 years during medical exam
Trial Start (Evidence)06 February 2025
Arguments Completed21 November 2025
Acquittal Ordered25 November 2025
Years in Jail7+ years as undertrial
Reason for AcquittalAll 3 witnesses turned hostile + no medical evidence + no corroboration
Final Court DirectionAccused to be released immediately unless wanted in any other case
Post-acquittal RequirementBail bond of ₹50,000 under Section 437A CrPC

Key Takeaways

  • A man lost seven years of his life because a case was built on statements that collapsed in court, proving how easily a man can be jailed without evidence.
  • All three prime witnesses, including the child and the mother, denied any assault, showing how fragile and unverified allegations can destroy families.
  • No medical, forensic, or documentary proof existed, yet the man remained behind bars for years, exposing systemic failure.
  • The court had to acquit only because the prosecution could not prove anything, not because the system protected him from false charges. · This case highlights the urgent need for accountability, penalties for false or unproven accusations, and gender-neutral investigation standards to prevent such injustice to men.

Disclaimer: The views and opinions expressed in this article are those of the Indian courts and do not necessarily reflect the official policy or position of “ShoneeKapoor.com” or its affiliates. This article is intended for informational and educational purposes only. The content provided is not legal advice, and viewers should not act upon this information without seeking professional counsel. Viewer discretion is advised.

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