New Delhi, Oct 9 (PTI) The Supreme Court on Friday acquitted a man accused of sexually assaulting a minor girl suffering from intellectual disability in 2015, saying the evidence brought on record falls “woefully short” of the standard required for sustaining his conviction.
The apex court set aside judgments of the Meghalaya High Court and a trial court, which convicted and sentenced the man to 10 years’ imprisonment for the alleged offence under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
“This appeal against conviction arises from a very disturbing set of allegations wherein a specially-abled minor child is alleged to have been subjected to sexual assault by her uncle, i.e., the appellant herein,” a bench of Justices Vikram Nath and Sandeep Mehta said.
In a criminal case, the prosecution is required to prove the charges by leading evidence, which is free from doubt and establishes the guilt of the accused beyond reasonable doubt, it said.
The top court delivered its verdict on an appeal filed by the appellant challenging the Meghalaya High Court’s March 2022 judgment.
The high court had dismissed his appeal against a trial court order that convicted and sentenced him in the case.
Dealing with the appeal, the apex court referred to the “unnatural conduct” of the alleged victim’s mother, the significant delay in lodging the FIR and the failure of the minor girl and her cousin to identify the accused before the court.
It said there were contradictory versions about the relationship of the accused with the alleged victim’s family.
The bench also said that despite the “pivotal role” of a teacher, to whom the minor had divulged the alleged incident, the prosecution failed to examine the teacher during the trial and offered no explanation for withholding her testimony.
“In our considered opinion, the evidence brought on record falls woefully short of the standard required for sustaining the conviction of the accused-appellant. The findings recorded by the courts below, in the impugned judgments, are unsustainable in law and the same deserve to be set aside,” the bench said.
The state’s advocate general had told the bench that the minor was a specially-abled child suffering from 40 per cent intellectual disability.
The bench noted that an FIR was lodged in Meghalaya’s East Jaintia Hills district alleging that the accused had subjected the 11-year-old girl to forcible sexual assault at her residence in May 2015.
It was claimed that the minor had gone to her cousin’s house and disclosed that the accused had subjected her to sexual assault.
The prosecution said her cousin had informed the ‘victim’s’ mother about the alleged incident.
It said the minor’s mother did not give much thought to the allegation as the girl did not affirm the accusation when questioned.
“The concern of a mother on receiving such a complaint would be expected to be heightened as the child was suffering from mental deficiency,” the bench said.
It said even on the aspect of the relationship of the accused with the minor’s family, the prosecution’s case was not consistent.
“We are conscious of the fact that the victim was a mentally challenged girl and as such, a certain degree of latitude would have to be given while appreciating her evidence,” the bench said.
“However, even after giving due deference to her weak mental disposition, we find that there was a complete failure of the victim to identify the accused-appellant before the court,” it said.
While allowing the appeal, the bench said the appellant is acquitted of the charges.
It added that the appellant is in custody and he be released forthwith, if not wanted in any other case. PTI ABA ABA ARI
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