A special court in Thane has acquitted a tennis coach accused of raping and impregnating his 14-year-old student, holding that the prosecution failed to prove its case beyond reasonable doubt and that the evidence on record was insufficient to sustain a conviction.

The case was heard by Special Judge Premal S. Vithalani, who hears cases under the Protection of Children from Sexual Offences (POCSO) Act.

The accused, a 40-year-old resident of Navi Mumbai, had been charged under the Indian Penal Code (IPC) and the POCSO Act. The prosecution alleged that he sexually assaulted the Class IX student on two occasions near a tennis court in a residential society in Thane in August and September 2023.

The case came to light in October 2023 after the girl complained of abdominal pain. Medical tests revealed she was around seven weeks pregnant, and the pregnancy was subsequently terminated.

While acknowledging the seriousness of the allegations, the court said a conviction cannot be based on accusations alone and that the prosecution must establish its case with credible and reliable evidence.

One of the key issues considered by the court was the survivor's conduct after the alleged incidents. The judge noted that she continued attending tennis coaching sessions and interacting with the accused without making any complaint. According to the court, this raised doubts about the reliability of her version.

"Looking to the post-incident conduct of the victim, to my mind, her testimony is not trustworthy and credible. Hence, only on the basis of her testimony, it would be unsafe to hold the accused guilty," the court observed.

The judgment also dealt with the legal presumption under Section 29 of the POCSO Act, which places the burden on the accused once certain foundational facts are established. The court clarified that the presumption is not automatic or absolute.

"It cannot be disputed that no presumption is absolute and every presumption is rebuttable. The presumption under Section 29 of the POCSO Act would come into operation only when the prosecution first establishes the foundational facts," the judge said.

The court also pointed to several shortcomings in the investigation. It noted that police did not record the statements of the girl's friends who were allegedly present for training around the relevant time. Further, DNA analysis of the aborted fetus did not conclusively link the accused to the pregnancy.

The CCTV footage collected from the residential complex also did not support the prosecution's case. According to the court, it merely showed the coach and the student entering and leaving the premises during normal hours, without capturing any suspicious activity.

Emphasising that criminal courts must decide cases on evidence rather than emotion, the judge observed:

"This court is conscious of the fact that there are serious allegations about committing penetrative sexual assault twice against the minor victim. However, only on the basis of seriousness of allegations, the accused cannot be convicted."

Finding that the prosecution had failed to prove the charges beyond reasonable doubt, the court acquitted the coach of all offences under the IPC and the POCSO Act.