Unlikely that senior citizen flashed teen in public: court
MUMBAI, Jan. 14 -- A 72-year-old man charged under the Protection of Children from Sexual Offences (Pocso) Act, for allegedly flashing a teenager, was acquitted by a special Pocso court in Thane on Tuesday.
The court said that it seemed unlikely a senior citizen would commit such an act in public view. It also observed that the alleged incident took place on a road with sufficient visibility and in the presence of many other people.
"It would be rather difficult to conclude that an elderly person, aged approximately 72, would commit such an act when there was a high probability of getting noticed by other passersby," the court said.
The Thane police had registered an FIR after a 13-year-old girl claimed that on October 27, 2016, at around 7 pm, while she was walking on the road, Gulgule walked on the same road looking at her, talking on the phone and unzipping his pants with his other hand and exposed his genitals to the girl.
The girl told the police that the elderly man was earlier seen on the road in August 2016, at least twice or thrice a week, smiling at children and repeatedly touching his fly.
Gulgule, represented by advocate Swapana Kode, denied the charges, claiming he was "an elderly and fragile person". He said that the victim "might have thought that he was chasing her" but contended that he did not have enough strength to do that.
Special judge Ruby U Malvankar said that Gulgule, who was released on bail while the trial was pending, deserved to be acquitted as "the facts required proof through additional witnesses, a strength that is lacking in this case"....
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