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The high court also noted that the circumstances were doubtful since If the knickers were removed as stated, then the victim would have stated when and how she put on her knickers
The Bombay High Court has recently acquitted a 59-year-old man who was convicted of sexually assaulting a minor while observing that the minor would have run to her house to narrate the incident to her mother if she was raped.
“Similarly, the victim after facing the ordeal of such an incident, at the hands of the accused, could not have behaved normally. If she was subjected to penetrative sexual assault, then she would have ran towards her house and narrated the incident to her mother. The victim has nowhere stated that after this gruesome act committed by the accused she was threatened by the accused with dire consequences in case incident was disclosed to anybody. The evidence of informant therefore, is not beyond the pale of doubt,” the order reads.
A single-judge bench of Justice GA Sanap was hearing an appeal filed by one Vijay Jawanjal against the order of the Special POCSO Court convicting him for sexual assault and sentencing him to 20 years of rigorous imprisonment.
On 08.03.2019 at about 9.00 AM the victim went to play near the Samaj Mandir of the village. She did not come back and therefore; at about 10.00 a.m. her mother went there and brought her back.
The mother bathed her and sent her to school. The victim returned from the school at 5.30 p.m. The mother noticed that she was dull and uncomfortable.
On the next day, when the mother asked the victim to get ready for school, she was reluctant and started weeping. On inquiry, she told the informant that she had pain in her private part.
The victim told the mother that while playing at Samaj Mandir, the accused offered her sweet (Tilacha Ladu) and took her inside the Samaj Mandir.
The victim said that the accused removed her knickers and removed his pants as well. It was stated that the accused forcibly touched his penis to her private part and therefore, she had server pain.
The bench in its judgement while acquitting noted that, “She has stated that when she went there, she found that the victim was playing. It is to be noted that if such act was done by the accused with the victim, by applying any standard, it was a serious act. Such an act would have obviously terrified the victim. Such an act would have caused immense pain, suffering and trauma to the victim. The victim, in the ordinary circumstances would have ran away from the spot to the house after such a deplorable act and narrated the incident to her mother,” the judgement reads.
The high court also noted that the circumstances were doubtful since If the knickers were removed as stated, then the victim would have stated when and how she put on her knickers.
Accordingly, the bench acquitted the man.
Case title: Vijay Jawanjal vs State of Maharashtra
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