Bombay High Court acquires man in POCSO case

A minor girl subjected to sexual assault would normally be “terrified” and would not “behave normally and play”, the Nagpur bench of the Bombay High Court observed recently while acquitting a 64-year-old man convicted of sexual assault of a minor girl.

Single judge Justice Govind Sanap It appears from the testimony of the girl’s mother that she was allegedly sexually assaulted by the applicant in a Samaj Mandir (community hall) and that when she went there, the victim was playing.

“She stated that when she went there, she found that the victim was playing. It is noted that if such an act had been committed by the accused with the victim, by applying any standard, This was a serious act. Such an act would clearly have terrified the victim. Such an act would have caused him immense pain, suffering and trauma. ” the judge said in the order issued August 14, but made available Thursday.

The victim, under ordinary circumstances, would have run home after such a deplorable act and told his mother about the incident, the judge said.

“Similarly, the victim, after facing the ordeal of such an incident, at the hands of the accused, could not have behaved normally. If she had been the victim of a penetrative sexual assault , she allegedly ran to his house and told him about the incident. The victim nowhere stated that after this horrible act committed by the accused, she was threatened by the accused with dire consequences in case l. The incident would be revealed to anyone. The informant’s testimony is therefore not beyond doubt. the judge noted.

It is true that under ordinary circumstances a mother would not involve a young girl in such an incident. But in my opinion, in order to convince the Court as to the real occurrence of the incident, the evidence placed on file must be convincing and concrete, said the judge.

Furthermore, the bench considered the victim’s “cross-examination”, in which she stated that on the relevant day, she did not go to play in the community hall and that no such incident took place. place. She said her mother “talked” to her about questions that could be asked, the name of the caller, etc.

“The cross-examination of the victim would show that she was instructed to testify against the accused,” the judge noted.

The court considered the defense argument that he was involved in the matter since the appellant had slapped the victim’s father for cutting the grass on his farm.

The judge was convinced that the trial court had failed to consider the essential facts.

“The evidence presented by the prosecution is not compelling and trustworthy. The evidence is not sufficient to prove the guilt of the accused beyond a reasonable doubt. The circumstances are sufficient to call into question the credibility and The reliability of the witnesses was not corroborated by the medical evidence. » declared the judge in acquitting the appellant.

The judge was hearing the plea filed by a man convicted by a lower court on January 22, 2021, for rape and violation of relevant provisions of the Protection of Children from Sexual Offenses (POCSO) Act.

According to the prosecution case, on March 8, 2019, while the victim was playing in a community hall, the accused, then aged 59, gave her a ladoo (candy) and then sexually assaulted her. However, the court concluded that the allegations were not proven beyond reasonable doubt and acquitted the appellant.

Appearance:

Advocates AM Jaltare and ND Dawada represented the appellant.

Additional public prosecutor RV Sharma represented the state.

Case Title: Vijay Jawanjal v State of Maharashtra (Criminal Appeal 185 of 2021)

Click here to read/download the judgment