The Aurangabad Bench of the Bombay High Court on Monday set aside the conviction of a 45-year-old farmer from Jalna district in a POCSO case, bringing to an end a legal battle that had its roots in a neighbourhood dispute. Sitting in Court, Justice Neeraj P. Dhote carefully walked through the evidence, often pausing to point out gaps that, in his words, could not be ignored in a criminal trial.
Background
Shaikh Musa Shaikh Baba had been convicted in August 2023 by a POCSO court at Jalna for offences under the Protection of Children from Sexual Offences Act and the Indian Penal Code. He was sentenced to five years’ rigorous imprisonment, along with other concurrent sentences, based on allegations made by the mother of a minor girl, his neighbour and relative.
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The prosecution story was that the child had disclosed inappropriate touching about fifteen days before the police complaint was lodged. Initially, the family chose not to approach the police, but matters escalated after an alleged threat and a quarrel between the families. An FIR was then registered at Badnapur police station.
Court’s Observations
While there was no dispute that the girl was a minor, the High Court found several troubling aspects in the prosecution case. The bench noted that relations between the two families were already strained and that a non-cognisable complaint had been filed by the appellant’s wife against the victim’s relatives just two days before the POCSO complaint.
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“The delay of fifteen days in lodging the report, coupled with admitted enmity between the families, assumes significance,” the bench observed, adding that such delay was not convincingly explained.
The court also scrutinised the testimony of the victim’s mother, who was not an eyewitness. Her version of events on the second alleged incident did not find support from the victim’s father. On this, the judge remarked that her evidence “cannot be accepted as it is” and required careful corroboration.
Most importantly, the court examined the child’s testimony. While acknowledging that a victim’s sole testimony can be enough in law, Justice Dhote said this applies only when it is of “sterling quality”. Here, the child’s statement was recorded at the police station in the presence of her mother, and inconsistencies emerged about the number of incidents and surrounding circumstances. “The possibility of tutoring the victim cannot be ruled out,” the bench observed, especially in light of the ongoing family dispute.
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Decision
In the end, the High Court concluded that the prosecution had failed to prove the case beyond reasonable doubt. Allowing the appeal, the court quashed the conviction and sentence, acquitted Shaikh Musa Shaikh Baba of all charges, and directed his immediate release if not required in any other case. The court also ordered refund of the fine paid and disposed of all pending applications, formally closing the matter.
Case Title: Shaikh Musa Shaikh Baba vs The State of Maharashtra & Another
Case Type: Criminal Appeal (POCSO)
Case No.: Criminal Appeal No. 362 of 2024
Date of Judgment/Order: 16 December 2025
